- (1.) Heard learned counsel for the applicants and learned AGA for the State and have gone through the record.
(2.) By means of present application under Section 378(3) Cr.P.C. the State has sought to challenge the judgment and order dated 18.07.2017 passed by the learned Additional Sessions Judge, Court No.5, Barabanki, in Session Trial No. 88 of 2013 (State v. Rameshwar Sharan and another) , arising out of Case Crime No. 274 of 2012, under Section 364/34, 328/34, 419, 420, 467, 468, 471, 504 IPC, Police Station Fatehpur, District Barabanki, whereby learned trial court has acquitted the accused-respondents namely Rameshwar Sharan and Suraj Singh from the charges.
(3.) As per the prosecution on 21.09.2012 the complainant Om Prakesh son of Bramha Prasad lodged an FIR stating that on 05.07.2012 when he was working in his field the accused-respondents have forcefully taken him on his car and thereafter had confined him in the house of Suraj Singh. On 06.07.2012 he has been given some substance in the tea and when he became unconscious then they have got a sale deed executed in respect of his property in their favour. When the notice regarding mutation has been served to him from the office of Tehsildar Ramnagar, District Barabank, then in view of the said facts the FIR was lodged by the complainant Om Prakash on 21.09.2012, which was registered as Case Crime No. 274 of 2012, under Section 364/34, 328/34, 419, 420, 467, 468, 471, 504 IPC, at Police Station Fatehpur, District Barabanki. Thereafter the police has submitted a charge sheet in Session Trial No. 88 of 2013 (State v. Rameshwar Sharan and another) .;