- (1.) HEARD learned Counsel for the State.
(2.) THIS application for leave to appeal under Section 378(3) Code of Criminal Procedure has been moved by the State against the judgment of acquittal of accused -Respondents in Sessions Trial No. 569 of 2000 arising out of Case Crime No. 220 of 2000 passed by learned Additional Sessions Judge, Court No. 3, Unnao, on 30.06.2005 whereby acquitting the accused -Respondents of the charge levelled against them under Section 302/34 I.P.C., P.S. Makhi, District Unnao. We have gone through the judgment of the court below as well as lower court record.
(3.) IT comes out that one Sudama wife of PW -5, Jagannath Vishwakarma, was found dead in the night of 9/10th August, 2000 of which the F.I.R. was lodged by village Chowkidar on the next day i.e. 10th August, 2000 at 1.30 p.m. against unknown persons. It comes out that during course of investigation name of the accused -Respondents came into light.;