RANJAN GOGOI, R.BANUMATHI
State of Uttar Pradesh – Appellant
Versus
Mahipal – Respondent
ORDER :
1. We have heard the learned counsels for the parties.
2. Leave granted.
3. The accused respondent has been convicted, inter alia, under Section 302 IPC by the learned trial Court by its judgment and order dated 18th November, 2014 and sentence of death was imposed. In appeal, the conviction of the accused respondent was reversed and he has been acquitted of all the charges levelled. Aggrieved, the State of Uttar Pradesh is in appeal before us.
4. The case of the prosecution is that one Zoraver had bequeathed certain immovable properties to one Sushila, the grandmother of the two deceased children, namely, Vikesh and Jitender aged 6 and 7 years respectively. The accused respondent who happened to be the nephew of Zoraver did not approve of the bequeath and nursed a grievance in this regard. On 9th January, 2013, the two children, namely, Vikesh son of Vidya Ram (PW-1) and Jitender son of Brijesh (PW-2) disappeared and were not found despite a vigorous search. On 11th January, 2013, PW-1 - Vidya Ram received phone-calls from a Mobile No.7895848163 demanding ransom. Subsequent phone-calls were made from the aforesaid Mobile No.7895848163 giving different instructions. This arouse
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