- (1.) HEARD learned Counsel for the State.
(2.) THIS application under Section 378(3) Cr.P.C. for leave to appeal has been preferred by the State against the judgment dated 07/09.06.2010 passed by learned Additional Sessions Judge, Court No. 4, Faizabad in Session Trial No. 45 of 2007 whereby respondent Sheo Prakash Tiwari alias Deputy Tiwari has been acquitted of the charges levelled against him under Sections 302/34, 506, 506(2) IPC. We have gone through the judgment of the court below.
(3.) THE prosecution story reveals that the incident had taken place on 24.09.2006 at about 03.00 pm wherein role assigned to the respondent is to the effect that on his instigation Lallu alias Prem Narain and Kallo alias Laxmi Narain had fired upon the deceased who after being grounded was later on fired by Sheo Prakash Tiwari alias Deputy Tiwari on his face. The prosecution in support of its case has examined three witnesses of facts, out of which PW -1 has supported the prosecution version.;