JUDGMENT :

1. This is an appeal u/s 378 (3) of the Code of Criminal Procedure 1973 (hereinafter referred to as Cr.P.C.) challenging the judgment and the order dated 10.05.2019 passed by Additional Sessions Judge/Special Judge (Essential Commodities Act), District Jalaun at Orai in Session Trial No. 101 of 2015 ( State of U.P. Vs. Sukhai alias Bhagwan Das ), in Case Crime No. 288 of 2015, u/s 302, 201 IPC, P.S. Kalpi, District Jalaun.

2. Essential facts emanating to the filing of the present appeal as transcribed are that the first informant Mohd. Naseem S/o Mohd. Nizam R/o Bazar Ward, Amraudha, P.S. Bhognipur, District Kanpur Dehat had submitted a written report on 04.03.2015 before Police Station Kalpi, District Jalaun with an allegation that his brother Azeem and partner Iqbal S/o Razzaq R/o Mohalla Katra, Kasba Amraudha, P.S. Bhognipur, Kanpur Dehat he along with them had gone to Jolhupur in connection with purchase of cattle and after purchase of two cattle he along with his brother Azeem and partner Iqbal return back to Kalpi and after leaving Azeem and Iqbal at Karbala (Eidgah) he proceeded to Kasba, Kalpi for purchase of an additional cattle and when he returned at 10 in the n