- (1.) B. A. Zaidi and Ajai Kumar Singh, JJ. Sri M. C. Joshi, Additional Government Advocate present for the State.
(2.) HEARD him on application under section 378 (3) Cr. P. C. by which the State seeks leave to appeal against a judgment of acquittal dated 9. 6. 2003 passed in Ses sions Trial No. 474/1997 by which Addi tional Sessions Judge, Court No. 14, Meerut acquitted accused Sobran, Harpal and Nar endra on the charge under section 302 I. PC. and accused Sobran also on the charge un der section 404 I. P. C. According to the First Information Report lodged by the father of the deceased P. W. 3 Harkhayal Singh on 17-11-1996 at about 1. 20 O'clock at Police Station Baraut District Baghpat, his son deceased Vikram Singh alias Kallu had gone on the night of 16-11-1996 to irrigate the land of co-villager Sukhpal at his tube-well in village Dhi-karna Police Station Baraut. Since the de ceased did not return in the morning, he went to the tube-well of Sukhram the next morning at 9 O'clock with his meals where he found his son Vikram sitting Shesham tree with a sheet of cloth tying around his neck against of a trunk of Shesham and he was dead. The investiga tion of the case was assigned to RW. 8 S. I. Chandrapal Singh, who recorded the statements of the father of the deceased P. W. 3 Harkhayal the wife of the deceased PW. 2 Saroj, P. W. 3 Vijendra a brother of Saroj, PW. 4 Sukhrampal and other formal witnesses and that of the doctor and on basis of the evidence collected submitted a charge-sheet against accused Sobran under sections 302 and 404 I. P. C. in the Court. The trial Judge after recording the statements of these witnesses of fact and other witnesses acquitted the accused and that is what brings the State here under section 378 (3) Cr. PC.
(3.) AFTER hearing the learned Counsel for the State and a perusal of the record, it appears that the appeal should be admit ted, only in respect of Sobran, while it should be dismissed in regard to accused Harpal and Narendra. We will confine our comments only to inculcator evidence relating to these two accused Harpal and Narendra and other overall arguments will not be considered at this stage of admission.;