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2019 Supreme(All) 2428

DEVENDRA KUMAR UPADHYAYA, MOHD FAIZ ALAM KHAN
State Of U. P. – Appellant
Versus
Ram Shringar Pandey @ Bhaiyan – Respondent


JUDGMENT :

Mohd. Faiz Alam Khan, J.

Heard Shri Chandra Shekhar Pandey, learned AGA for the State and perused the record.

2. By means of instant application moved under Section 378(3) Cr.P.C. the State has requested to grant leave to appeal against impugned judgment and order dated 6.7.2019, passed by Additional District and Sessions Judge (FTC), Pratapgarh, in Sessions Trial No. 44/2013, 'State Versus Ram Shringar Pandey @ Bhaiyan son of Rama Shankar @ Bablu Pandey', arising out of Case Crime No. 215 of 2012, under Sections 302/34, 201/34 IPC, Police Station Fatanpur, District Pratapgarh, whereby the respondent/ accused Ram Shringar Pandey @ Bhaiyan has been acquitted from the charges under Sections 302/34, 201/34 IPC.

3. The prosecution story as emerges out of the record is that on 24.9.2012 the informant, namely, Shobhnath Srivastava son of Mahadev Srivastava, R/o Village Ramapur Kundaha, Police Station Sujanganj, District Jaunpur submitted a written application to S.H.O., Police Station Fatanpur alleging that on 16.09.2012 at about 4 P.M. accused persons Imtiyaz Ahmad @ Guddu

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