- (1.) Heard learned AGA on behalf of State and perused the material available on record.
(2.) By means of the present application under Section 378(3) Cr.P.C., State has sought leave to challenge the judgment and order dated 15.01.2014 passed by Additional Sessions Judge, Court No. 6, Sultanpur in Sessions Trial No. 186 of 2009 (State Vs. Mohan Pasi and others) arising out of Case Crime No. 62 of 2009, under Sections 394, 302, 411 IPC, Sessions Trial No. 423 of 2009 (State Vs. Shakeel and others) arising out of Case Crime No. 62 of 2009, under Sections 394, 302, 411 IPC, Sessions Trial No. 424 of 2009 (State Vs. Shakeel Ahmad) arising out of Case Crime No. 484 of 2009, under Section 4/25 Arms Act, Sessions Trial No. 425 of 2009 (State Vs. Amit Yadav) arising out of Case Crime No. 62 of 2009, under Section 394/120-B IPC and Sessions Trial No. 159 of 2012 (State Vs. Dinesh Kori) arising out of Case Crime No. 420 of 2009, under Section 4/25 Arms Act, P.S. Kurebhar, District Sultanpur.
(3.) The facts in brief, in the present case, are to the effect that on 08.02.2009 one Rajendra Prasad Tiwari had given written report at police station Kurebhar, district Sultanpur that on 08.02.2009, he alongwith his father Sita Prasad Tiwari, aged about 72 years were going on his motorcycle C.D. Delux Registration No. U.P. 44 L 1990 to house of his maternal uncle at Barausa via Sultanpur. When they were coming back at about 6:30 P.M., three unknown persons had stopped his motorcycle and thereafter they snatched the key of motorcycle and also assaulted him and his father by using knife. In this incident, he and his father had received injuries and subsequently his father Sita Prasad Tiwari, who was taken to Primary Health Center at Dhanpatganj for treatment, succumbed to injuries received in the incident.;