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VIVEK KUMAR BIRLA, RAHUL CHATURVEDI
Munni Devi – Appellant
Versus
State Of U. P. – Respondent


Advocates Appeared:
For the Appellant : Ram Kumar Pal, Nagendra Singh Gautam.

JUDGMENT :

1. Heard Shri Ram Kumar Pal, learned counsel for the appellant and Shri Kailash Prakash Pathak, learned AGA representing the State and also perused the record.

2. Present criminal appeal has been filed challenging the judgement and order of acquittal dated 15.10.2018 passed by learned Additional Sessions Judge, Court No.2/Special Judge, SC/ST Act, Kanpur Nagar in Session Trial No.601 of 2003 (State vs. Kulveer Singh), arising out of Case Crime No.77/2000, under Sections 302, 201 I.P.C. and Section 3(2)(5) of SC/ST Act, P.S. Naubasta, District Kanpur Nagar by which the learned trial Judge has acquitted the accused-respondents Kulveer Singh and Vasudev from the charges of Sections 302, 201 I.P.C. and Section 3(2)(5) of SC/ST Act.

3. Before coming to the merits of the case, it is imperative to give brief facts of the case which have given rise to the present appeal.

PROSECUTION STORY :

4. Sum and substance of prosecution case mentioned in the F.I.R., which is based on conjectures, surmises and self-belief, that accused-respondents have committed this offence against the husband of the informant. Though from the F.I.R. it is clear that this is not a case of direct evidence bu

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