VEDPAL,J. - (1.) THIS is an application under Section 378 (3) Cr.P.C. by the State seeking leave to appeal against judgment and order dated 12.7.2010 passed by Shri Mahendra Singh, A.S.J./F.T.C.Court No.5 Sitapur in S.T.No.1054/08 State Vs. Mohan under Section 328/304 I.P.C., Police Station Kairabad, District Sitapur acquitting accused Mohan to the charge of the offence punishable under Section 328 and 304 I.P.C.
(2.) THE application has been moved on the ground that the opposite party Mohan was tried before Additional Sessions Judge/F.T.C. Court No.5, Sitapur in S.T.No.1054/08 to the charge of the offence punishable under Sections 328/304 I.P.C. The prosecution case in brief was that Mohan, son of Bharat came at the house of Murli complainant on 9.11.2007 at about 7.00 p.m. and took his son Kamlesh with him in presence of Putti lal. When Kamlesh did not return, the complainant Murli asked his son Laxmi Narain and one other Prahlad to call Kamlesh from the house of Mohan,. When Laxmi Narain and Prahlad reached at the house of Mohan, they saw that Mohan is serving wine to Kamlesh inside his house and they asked Kamlesh to leave the house but Mohan opposed and asked Laxmi Narain to leave his house. On drinking, condition of Kamlesh deteriorated and several persons assembled there. Murli also reached there and took his son Kamlesh to District Hospital for treatment where he died on 10.11.2007 at about 3.00 a.m.
(3.) THE autopsy of the dead body of Kamlesh was conducted on 10.11.2007. On the basis of an application under Section 156(3) Cr.P.C. a case for the offence punishable under Section 304/328 I.P.C. was registered against the accused. On post mortem examination, the cause of death could not be ascertained, hence visera was preserved and on its analysis, it was found that the death of Kamlesh had occurred due to consumption of poison with liquor. The police after completing investigation, submitted chargesheet against accused Mohan.;