- (1.) HEARD learned A.G.A. for the State and perused the trial court judgment and record.
(2.) WRITTEN arguments filed by the learned A.G.A. be kept on record.
(3.) THIS Government Appeal has been filed against the judgment and order dated 6.11.2003 passed by the Additional Sessions Judge, Fast Track Court No. 3, Azamgarh in S.T. No. 101 of 1999 (State Vs. Tribhuwan and another) under Sections 302 and 201 I.P.C. P.S. Jahanaganj, District Azamgarh. The prosecution story, in brief, is that the incident had taken place in the night between 25 /26.5.1998 at about 10 p.m. The F.I.R. was lodged on 26.5.1998 at 2.30 p.m. in which it was alleged that the informant and his family members after taking meals had gone to sleep and the accused persons were sitting and chatting with his son Heera Lal, who was lying on a cot. Thereafter the accused persons tried to take away the son of the informant, on which the other son of the informant Tribhuwan and grand son Deena asked them not to take away Heera Lal but they said that they would be coming back in a short while. Thereafter, the son of the informant did not return to his house. When the son of the informant did not return to his house, then the informant started searching for his son. About 6.00 a.m., the dead body of the deceased Heera Lal was recovered from the boring of one Fekoo Singh. Then he found that there were several injuries on the person of the deceased.;