Vikas Kunvar Srivastav, J. - (1.) Heard learned A.G.A. and perused the record.
(2.) By means of the present application under Section 378(3) Cr.P.C., State has sought leave to appeal against the judgement and order dated 11.7.2017 passed by Additional Sessions Judge, Court no.4 Barabanki acquitting the respondents in Sessions Trial No.94 of 2008 (State v. Kamlesh Kumar @ Pahalwan and others) arising out of Case Crime no.457 of 2006 from the charges under Section 302/34 I.P.C. and Section 201/34 I.P.C., Police Station Ram Nagar , District Barabanki.
(3.) Facts, in brief of the present case are that on 31.12. 2006 complainant Ram Raj has lodged an F.I.R. at Police-Station Ram Nagar District Barabanki inter alia stating therein that his uncle Patali Chauhan was residing with Noor Jahan. On 13.12.2006 his uncle Patali Chuhan had gone with one Kamlesh Kumar alias Pahalwan from the house of Noor Jahan. Thereafter on 28.12.2006 a dead body was found in a Well. The complainant has recognized the body of his uncle Patali at the mortuary. On the basis of F.I.R. a case was registered at Case Crime no.457 of 2006 under Section 302, 201 IPC.;