STATE OF U P Vs. HANEEF

JUDGEMENT

(1.) Heard learned AGA and perused the record.

(2.) By means of the present application under Section 378 (3) Cr.P.C., State has sought leave to appeal to challenge the judgment and order dated 06.07.2016 passed by Additional Sessions Judge, Court No. 2, District - Hardoi acquitting the accused-respondent on the charges under Sections 457, 458, 307 IPC and 3/25 Arms Act in Session Trial No. 327/2014 and 328/2014" arising out of Case Crime No. 680/2014 and 681/204" Police Station -Kotwari Shahar District -Hardoi.

(3.) As per the prosecution case, P.W. -1/Ashutosh Dwivedi S/o Jai Prakash" Dwivedi has lodged an FIR on 005.2014 on the ground that when he was sleeping on the second floor of his house, at about 02.30 a.m., heard some sound, as a result of which he woke up and saw that the accused-respondent had entered into his house and when he tried to caught him he fired upon him but somehow he escaped, thereafter he caught him and brought to the courtyard/angan which is situated at the ground floor. He further submit that accused-respondent has hit him on the forehead and feet with the butt of the revolver.