- (1.) HEARD learned counsel for the parties and perused the appeal paper -book.
(2.) THE instant government appeal filed by the State -appellant against the judgment and order of acquittal dated 20.12.2008 passed by learned Additional Sessions Judge, Court No.5, Banda, in Sessions Trial No.45 of 2007, State Vs. Lala Ram, arising out of Case Crime No.262 of 2005/C.B. No. 103 of 2006 under Section 302 I.P.C., Police Station Kotwali Nagar, District Banda.
(3.) THE prosecution story as appears from perusal of the impugned judgment and order of acquittal is stated to be; that the first information report was lodged by the complainant Rakesh Kushwaha at Police Station Kotwali Nagar, alleging, inter -alia, that Constable Lala Ram had been his tenant for the last two years. On 13.06.2005 around 7:00 a.m., some altercation took place with the wife of the accused. Again at 8:00 a.m. the same day, some altercation took place between accused and complainant and his brother. The accused threatened the complainant to vacate the house else he will be killed. Due to above altercation, accused Lala Ram shot dead complainant's younger brother Dinesh at 10:00 a.m. He tried to escape but he was caught. The first information report was lodged at 15:30 Hours on 13.06.2005, at Case Crime No.262 of 2005, under Section 302 I.P.C., Police Station Kotwali Nagar, District Banda. Later on the matter was investigated into by Investigating Officer and final report no.116 of 2005 was submitted on 31.12.2005.;