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 night after purchasing a cattle, then in Karbala he met Iqbal and asked about the whereabouts of his brother Azeem and he was apprised by Iqbal that Azeem had gone to answer nature’s call however, after waiting for some time when Azeem did not return then he called from his mobile number 9794780802 to the mobile number of Azeem 8423904201 however, despite the fact that the bell was ringing but the phone was not picked up then the first informant along with Iqbal went to trace about the whereabouts of his brother and at 02 in the night 100 meters from Karbala near a neem tree the dead body of the deceased was found which also occasioned injuries and according to him his brother had been disposed of some where else and thrown in the Eidgah.

3. On the written complaint of the first informant an FIR was lodged on 04.03.2015 at 06:20 being case crime no. 288/2015, u/s 302/201 IPC. One Sri Yogendra Pratap Singh was nominated as Investigating Officer and thereafter, one Sri Awdhesh Kumar was appointed as the Investigating Officer who has submitted the charge sheet u/s 302, 201 IPC against the accused herein.

4. The case was committed to Sessions by virtue of the order dated 15.06.2015.

5. Charges were read over to the accused herein. He pleaded innocence and claimed to be tried.

6. The learned trial court by virtue of the judgment and the order dated 10.05.2019 passed by Additional Session Judge/Special Judge (E.C. Act), Jalaun at Orai passed in Session Trial No. 101 of 2015 acquitted the accused. Challenging the judgment and the order of acquittal now the State-appellant is before this Court.

7. The prosecution in order to bring home the charges, has produced the following prosecution witnesses as P.W. 1 S.I. Jaiveer Singh, P.W. 2, Naseem, P.W. 3 Atarur Rehman, P.W. 4 Mohd. Ishtiyaq, P.W. 5 Iqbal, P.W. 6 Dr. Bhanu Pratap Singh, P.W. 7 Yogendra Pratap Singh retired inspector (First I.O.), P.W. 8 Constable 1465 Sanjeev Kumar, P.W. 9 Awadhesh Kumar Singh, I.O. ( Second I.O.).

8. Besides the ocular testimony the following documents were also exhibited, namely, Ex. A-1 Panchayatnama, Ex. A-2 Written Complaint, Ex. A-3 Recovery memo of weapon and mobile, Ex. A-4 Blood stained and plain earth, Ex. A-5 and Ex. A-8 letter to Inspector, letter to C.M.O., Photonash, Challan Nash, Ex. A-9 and Ex. A-10 Copy of FIR and Copy of G.D., Ex. A-11 Postmortem report of the deceased Azeem, Ex.A-12 site plan and place of recovery of dead body, Ex.A-13 site plan of murder and recovery of two mobile phones, Ex. A-14 carbon copy of Kaymi G.D., Ex.A-15 Copy of Chik FIR, Ex.A-15 Charge sheet, Ex.A-17 Forensic Science Laboratory report of U.P. Agra.

9. Heard Ms. Nand Prabha Shukla, learned A.G.A. appearing for the State-appellant.

10. Before delving into the exercise so sought to be undertaken