- (1.) Heard Learned Addl. Government Advocate, appearing on behalf of the State and perused the material available on record.
(2.) By means of present application under section 378 (3) Cr.PC., State has sought leave to challenge judgement and order dated 15.1.2009 of Addl. Sessions Judge, court no.3, Pratapgrah passed in Sessions Trial No. 402 of 2004,State V. Pappu @ Shri Ram and others, arising out of Case Crime No. 113 of 2004, under sections 147,302 read with section 149 IPC, Police Station Kunda, district Pratapgarh, by which learned Addl. Sessions Judge has been pleased to acquit respondent nos. 1 to 10 for the aforesaid offences.
(3.) Factual matrix of the case in brief is that first informant Sudama Singh, who happens to be brother of deceased Shyam Bahadur Singh lodged an FIR against Pappu @ Shri Ram, Dularey, Ram Bahadur and Kallu with allegations that deceased was an unmarried person who had illicit relationship with mother of accused Pappu @ Shri Ram. Deceased Shyam Bahadur had also illicit relationship with accused Mangari @ Phukni, who happens to be mother of another co-accused Surendra Kumar. The further allegation was that accused Pappu @ Shri Ram and Surendra Kumar felt ashamed and insulted due to illicit relationship of their mothers with Shyam Bahadur. They opposed the said relationship for which they were beaten up also by deceased Shyam Bahadur. For the said reasons, when in the night of 25.6.2004 deceased Shyam Bahadur Singh was sleeping with Raj Kali @ Barahin on the roof of tube-well of Zia Lal and Chhotey Lal accused being armed with Gadhali and danda came there and caused injuries to both of them and thereafter threw them down from the roof. The first informant came to know about the incident in the morning of 26.6.2004 where-after he along with his mother Hubraji @ Sukhraji went to tube-well of aforesaid Zia Lal and Chhotey Lal and found that dead body of Raj Kali @ Barahin was lying on earth near tube-well and deceased was also lying there in a nali in injured state. Deceased then told the first informant and his mother that he and Raj Kali @ Rarahin were beaten up by accused Pappu @ Shri Ram, Dularey, Ram Bahadur and Kallu. Thereafter, first informant Sudama Singh went to Police Station Kunda, Pratapgarh and lodged report of the incident which was registered under section 147, 302 IPC at 6.35 a.m. on 26.6.2004.;