RAJ KUMARI Vs. SUNDER & OTHERS

JUDGEMENT

(1.) Heard Shri Mubin Ahmad, learned counsel for the applicant, learned AGA and perused the record.

(2.) This appeal has been filed against judgment and order dated 20.07.2017 of learned Special/Additional Sessions Judge, Lakhimpur Kheri passed in Sessions Trial No.659 of 2013 (State of U.P. vs. Sunder and others) by which respondent nos. 1 to 5 have been acquitted of the charge under sections 147, 148, 302, 506 I.P.C. relating to Case Crime No. 524 of 2013, P.S. Isa Nagar, District Lakhimpur Kheri. Appellant has also filed an application under Sub section (4) of section 378 Cr.P.C. seeking leave to file present appeal against the order of acquittal.

(3.) The brief facts of the case are that one Ram Murti Chauhan, who was the resident of village Hasanpur Katauli, P.S. Isa Nagar, District Kheri was killed in the morning of 20.09.2013 at about 5:30 a.m. in his maize field. His wife Smt. Raj Kumari had lodged a written report in respect of death of her husband against respondent no. 1 Sunder, respondent no. 2 Shiv Charan, respondent no. 3 Kishori, respondent no. 4 Om Prakash and respondent no. 5 Jiyalal same day at P.S. Isa Nagar, District Kheri which was registered being Case Crime No. 524 of 2013 under sections 147, 148, 302, 506 I.P.C. The said report was investigated by P.W.-7 S.I. Raj Kumar Singh and a charge sheet was filed against the aforesaid respondents and the case being exclusively triable by the Sessions Court it was committed to the said court which was later transferred to the court of Special /Additional Sessions Judge for trial.