- (1.) CALLED for the records of Criminal Appeal No. 3058 of 2014, Rudra Nath Rai and others versus State of U.P. and others & Criminal Appeal No. 3357 of 2014, Hitendra Rai and others versus State of U.P. and others and perused the same.
(2.) HEARD learned A.G.A. for the appellant -State of U.P. learned counsel for the accused -respondents and perused the record.
(3.) THE aforesaid Criminal Misc. Application (Leave to Appeal) No. 361 of 2014 along with Government Appeal No. 361 of 2014 under Section 372 Cr.P.C. has been preferred challenging the validity and correctness of the impugned judgment and order of acquittal dated 3.7.2014 passed by the Addl. Sessions Judge, Bansi, Siddarthnagar in S.T. No. 143 of 2009 (State Vs. Hitendra Rai and others) acquitting the accused - respondents of the charges framed against them under Sections 452,307/149,504 and 506 IPC. The prosecution case, in brief, is that appellant -complainant lodged an FIR against the accused -respondents on 16.7.2006 at 9.10 A.M. in police station Kotwali Bansi, Siddarthnagar to the effect that at about 7.30 A.M. in the morning when he was going from his new to his old house the accused -respondents came armed with lathi, Danda, Pharsa and firearm. They entered his house abusing and assaulted him, his father and son Narendra Rai with Danda. When Vijay Kumar Mishra came to intervene, they with intention to kill him started assaulting him by danda. On a hue and cry made by them, Purshottam Rai, Anil Rai Sarvendra Rai and other persons came to save them from the clutches of the accused -respondents. At that accused Rudranath Rai fired from his licenced gun and the remaining accused disrooted the trees in his premises.;