Court No. - 51

Case :- APPLICATION U/S 378 No. - 68 of 2018

Applicant :- Radhey Shyam

Opposite Party :- State Of U.P. And 3 Others

Counsel for Applicant :- Ram Ashish Pandey

Counsel for Opposite Party :- G.A.

Hon'ble Vipin Sinha,J.

Hon'ble Ifaqat Ali Khan,J.

Heard Sri Ram Ashish Pandey, learned Advocate appearing for the

appellant who is the first informant.

We have perused the record and findings as have been recorded by

the court concerned.

We have heard counsel for the appellant at great length on the application

seeking leave to appeal against the judgment and order dated 19.05.2018,

by means of which accused-respondents have been acquitted of the

offences under sections 364/511 IPC passed by learned Special Judge

(Dacoity Affected Area) / Additional Sessions Judge, Etawah in Special

Case No. 55 of 2011.

Perusal of the judgment shows that with regard to when incident of

06.06.2011 said to have been taken place at about 08:00pm the FIR was

registered in pursuance of an application under section 156(3) CrP.C. The

prosecution in support of his case examined the witness PW-1 Radhey

Shyam Gupta who is first informant and the appellant/applicant before

this Court and PW2 Mohan