LAWS(ALL)-2021-3-144

STATE OF U.P Vs. SHIV KUMAR VERMA

Decided On March 12, 2021
STATE OF U.P Appellant
V/S
Shiv Kumar Verma Respondents

JUDGEMENT

(1.) Heard Smt. Smiti Sahai, learned A.G.A. for the State and perused the record.

(2.) By means of instant application, the State has prayed to grant leave to appeal under sec. 378 (3) Cr.P.C. against impugned Judgment and Order dtd. 16/12/2020 passed by Session Judge/ Special Judge, SC/ ST Act, Faizabad now Ayodhya in Sessions Trial No. 87/2012, State vs Shiv Kumar Verma arising out of case crime no. 797/2011, under Sec. 302, 201 IPC and 3(2)(v) of SC/ ST act, 1972, PS. Tarun, Faizabad now Ayodhya, whereby the accused/respondent was acquitted from all the charges levelled against him.

(3.) The story of prosecution as unfolds from the record of the subordinate court is that an application for FIR was made by one Ghanshyam Kori S/o Turanti R/o Village Beraspur, PS. Ahirauli, District Ambedkar Nagar alleging therein that on 15/10/2011,at around 9:00-9:15 p.m., his brother Vinod Kumar received a call and thereupon left the home informing his father, upon being enquired, that Ganga Singh S/o Late Shankar Singh R/o Village Dagrabhari, PS. Tarun, Faizabad has called for him. His dead body was found next morning near Village Tarapur at 7:00 a.m. Informant further alleged therein that the dead body had bullet injuries around forehead and hand inflicted by some sharp weapon.