- (1.) Heard learned counsel for the appellant and Km. Meena, learned AGA for the respondent State. Perused the records.
(2.) This Criminal Appeal is preferred challenging the judgement and order dated 16.10.2014 passed by Special Judge (SC/ST Act), Deoria in Sessions Trial No. 69 of 2001 (State Vs. Saral Yadav and others), arising out of Case Crime No. 36 of 1994 under Sections 302, 201 IPC and Section 3 (2) (5) of SC/ST Act Police Station Tarkulawa, District Deoria. By the aforesaid judgement impugned, the trial court has acquitted the accused Saral Yadav, Upendra Gaur and Balister Gaur - opposite party Nos. 2 to 4 receptively in the aforesaid S.T. No. 69 of 2001.
(3.) The order impugned has been assailed by the learned counsel for the appellant on the grounds that the acquittal of the aforesaid persons is against the evidence on record as the trial court, while acquitting the accused, has neither considered the evidence collected by the Investigation Officer during the course of investigation nor has considered the statement of witnesses recorded during the trial. It is argued that there is an undisputed last seen evidence against the opposite party Nos. 2 to 4, who have also been named in the FIR, and that all the prosecution witnesses have supported the prosecution version as the impugned judgement of acquitting the accused opposite party Nos. 2 to 4 being against the evidence on record.;