PRADEEP KUMAR SRIVASTAVA,J. - (1.) Heard Sri Ratan Singh, learned A.G.A., for the State on the application under Section 378(3) Cr.P.C. seeking leave to appeal against the judgment and order of acquittal dated 25.11.2019 passed by Additional Session Judge, Court No.3, Kasganj in Sessions Trial No. 31 of 2014 ( State vs. Satyapal and three others), arising out Case Crime No. 430 of 2013, P.S. Sahwar, District Kasganj; and perused the record.
(2.) Briefly stated the facts giving rise to the present application seeking leave to appeal as could be elicited from the judgment of the court below are as follows:- On 21.11.2013, a non-cognizable report no. 273 of 2013 was registered at P.S. Sahwar District Kasganj at 18:15 hours against Satyapal; Tehsildar; Pappu; and Mandeep at the instance of Hakim Singh son of Bhoop Singh. Later, on death of Hakim Singh, the NCR was converted into Case Crime No. 430 of 2013 and registered under Sections 304, 504 and 506 I.P.C.
(3.) The report alleged to have been lodged by Hakim Singh alleges that when informant, at about 5 pm, on 21.11.2013, was returning to his home, after purchasing medicines, on way, the aforementioned four accused started abusing him and when he told them not to abuse they started assaulting him with lathi/danda and when they were assaulting him, Suresh son of Saudan Singh (not examined) and Ram Avtar (P.W.1) arrived. Seeing them, the accused fled from the spot after extending threats. The incident allegedly occurred in front of the house of Suresh.;