- (1.) HEARD learned counsel for the State.
(2.) THIS application under Section 378(3) Criminal Procedure Code has been moved against judgment and order dated 19.08.2011 passed by learned Additional Sessions Judge/ Special Judge (Essential Commodities Act), Lakhimpur Kheri in Sessions Trial No. 1084 of 2004 whereby respondents No. 1, 2 & 4 have been acquitted of the charges levelled against them under Sections 302/34 & 307/34 IPC and respondent No. 3 has been acquitted of the charges levelled against him under Sections 302/149 & 307/149 IPC. We have gone through the judgment as well as record of the court below.
(3.) IT comes out that the incident had taken place on 29.09.2003 at about 01.45 pm wherein role assigned to the respondents is to the effect that they came on the spot with firearm and fired upon Dheeraj Kashyap, the decease and brother of P.W. -3, who after receiving firearm injuries succumbed to the same. Even four persons also received gun shot injuries out of which Vishal Mishra, who had received two firearm injuries, being complainant of the case was examined as P.W. -1. Apart from it, there is also evidence of Sachin Srivastava (P.W. -2) who is alleged to be eyewitness.;