(1.) The instant appeal filed on behalf of the State is directed against judgment and order dated 2.9.1983 passed by Shri P. Dayal, the then Sessions Judge, Shahjahanpur in S.T. No.317 of 1983, State Vs. Taufiq Rizvi, whereby the sole respondent was acquitted from the charge under Section 302, IPC.
(2.) In the present case the prosecution case may be summarised as under:-
(3.) On this report chik FIR was scribed, Case Crime No.222/99 was registered under Section 307, IPC and requisite entry was made in the report of the General Diary. Investigation was entrusted to S.I. Yad Ram Singh. During treatment Baqar Husain alias Munney died on 26.4.1984. The said case crime number was altered under Section 302, IPC. After concluding the investigation, Investigating Officer submitted the charge sheet against the present respondent.