- (1.) Heard learned A.G.A.
(2.) By means of application under Section 378(3) of the Cr.P.C. the State has sought to challenge the judgment and order dated 13.4.2017, passed by Ms.Chandra Sheela, Additional Sessions Judge (FTC), Sitapur in Sessions Trial No.745 of 2012, (State versus Kalla Khan and others), Crime No.156 of 2012, under Section 304 read with Section 34 IPC, Police Station Laharpur, district Sitapur, whereby learned trial court has acquitted the accused for the charges levelled against them.
(3.) According to the prosecution story the First Information Report was lodged by the complainant Samad Khan on 29.2.2012 to the effect that his brother Sadhu Khan was returning from his work from Behra Kodaura, when he reached at Jagdishpur culvert at about 4 p.m. on 29.2.2012 he was attacked by accused persons Kalla Khan, Bhuttu Khan, Wazir Khan and Nazeer Khan, who were already laying in ambush there. They caused injuries to his brother Sadhu Khan by Lathi, Danda and Banka. After receiving injuries Sadhu Khan became unconscious. The accused persons ran away. The complainant was informed about the incident by other labours returning after work. In the First Information Report it is further stated that the injured was taken to Hospital for treatment and during his treatment on 29.2.2012 at about 10.45 p.m. he was succumbed to his injuries. The inquest on the dead body was conducted on 1.3.2012 under the supervision of Naib Tehsildar. After completing required formalities the dead body was sent for post mortem examination in sealed condition. Dr.Ashok Priyadarshi, Medical Officer has conducted post mortem examination on the dead body of Sadhu Khan on 1.3.2012 at about 4.30 p.m. in District Hospital Sitapur.;