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2022 Supreme(All) 342

State of U. P. – Appellant
Versus
Brijesh – Respondent


JUDGMENT :

Subhash Vidyarthi, J.

(Order on application for leave to appeal)

1. Heard Shri Ratan Singh, learned Additional Government Advocate for the Appellant - State of U.P., on the application under Section 378 (3) of the Criminal Procedure Code (herein after referred to as "Cr.P.C.") seeking leave to file appeal against the judgment and order dated 18.03.2021 passed by the learned Additional Sessions Judge, Court No. 8, Bulandshahar in Sessions Trial No. 352 of 2016, acquitting the accused-respondents of the charges of committing offences punishable under Sections 302/34, 328/34 of the Indian Penal Code (hereinafter referred to as "IPC") in Case Crime No. 265 of 2014, Police Station Chhataari, District Bulandshahr.

2. Briefly stated, the prosecution case is that on 16.08.2014 Ashok Kumar gave information (Exhibit A-1) to the police that his son (Sanna) had committed suicide at his home on the same day. No one is guilty for it, yet to ascertain the cause of his death, a post-mortem examination be conducted. On 25.08.2014, the informant filed an application under Section 156 (3) Cr.P.C. (Exhibit A-2) stating that his son Sanna used to work in Gujarat alongwith Brijesh (the respondent

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