MEWATI DEVI Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard Mr. Sanjay Kumar Yadav, the learned counsel for appellant and the learned A.G.A. for State-opposite party-1.

(2.) Challenge in this Criminal Appeal is to the judgment dtd. 30/8/2025 passed by Sessions Judge, Azamgarh, in Sessions Trial No. 28 of 2012 (State vs. Ram Karan Yadav and others), Sessions Trial No. 491 of 2014 (State vs. Jai Prakash @ Prakash Yadav and others) arising out of Case Crime No. 376 of 2011, under Ss. 302/149, 147 IPC, Police Station Raunapar, District Azamgarh and Session Trial No. 29 of 2012 (State vs. Vijai Yadav), arising out of Case Crime No. 515 of 2011, under Sec. 3/25 Arms Act, Police Station- Raunapar, District Azamgarh, whereby the accused opposite parties 2 to 9 have been acquitted by Court below of the charges framed against them.

(3.) Brief facts of the case are that the first informant-appellant moved a Written Report dtd. 2/8/2011 by stating that her husband had gone to Chandpatti to sell milk in the morning. On 2/8/2011, at around 12:00 noon, Subhash, Ramkaran, Rambadan and Heera were sitting in ambush 1 km west from Vishen Ka Pura Chowk with a four wheeler and one motor cycle. There was a land dispute with Subhash. They had also threatened her husband. Her husband's vehicle was pushed and he was made to fall. He got up and ran away. By then, aforesaid persons chased and caught her husband and broke his legs and hands by running the car over him, due to which, he died on the spot. She was taken by her son Jaikesh on a bicycle and after getting medicines when they reached the spot, they identified all the aforesaid persons. Meanwhile, one Niranjan Yadav also came on the spot. All the three persons have seen the incident.