VANSHLAL YADAV Vs. STATE OF U P

JUDGEMENT

(1.) Heard Shri Amit Chaudhary, learned Amicus Curiae on behalf of the accused-appellant, Shri P. K. Singh, learned AGA for the State and perused the record.

(2.) The accused-appellant, aggrieved by the conviction under Section 302 I.P.C. read with Section 404 I.P.C. passed in the order dated 17.11.2011 by the Additional Sessions Judge, Court No.9, Barabanki in Sessions Trial No.1112 of 2009, preferred the present appeal.

(3.) The prosecution was set in motion by the First Information Report dated 05.05.2009 lodged by one complainant/Babadin s/o Vishram Yadav r/o Pahada Pur Ghat, at Police Station-Kothi, District-Barabanki. In the F.I.R., it is mentioned that complainant along with his family were sleeping and due to rain, they woke up at about 2:45 a.m. and at that moment, they heard the crying of his father towards the tubewell.