- (1.) Heard on admission.
(2.) Challenge in this appeal is to the judgment and order dated 18.7.2019 passed by IV Additional Sessions Judge/Special Judge (EC Act), Badaun in Sessions Trial No.395 of 2014 ( State vs. Balister and others ) and Sessions Trial No.396 of 2014 ( State vs. Dhake alias Om Prakash), acquitting all the private respondents-accused of the offence under Sections 147, 302 read with Section 34 of IPC and further acquitting accused Dhake alias Om Prakash under Section 3 / 25 of Arms Act.
(3.) In the present case, name of the deceased is Shiv Kumar @ Bablu. On 20.5.2014, deceased was talking to two minor girls of accused Balister, aged about 12 and 13 years respectively, which was not liked by accused-respondent Balister and his family members. It is said that on 20.5.2014 at about 12.00 in the afternoon, accused persons committed murder of the deceased by throttling. On the basis of written report, Ex.Ka.2 dated 21.5.2014, FIR Ex.Ka.3 was registered against accused persons under Sections 147 , 148 , 149 , 302 of IPC. After conducting the inquest on the dead body of the deceased, the same was sent for postmortem. On 30.5.2014, a separate FIR was also registered against accused Dhake alias Om Prakash under Section 3 / 25 of the Arms Act.;