[Criminal Appeal Nos.623-24/2008]. These appeals by Special Leave arise out of judgment and order dated 24.04.2007 passed by the High Court of Judicature at Allahabad in Criminal Appeal No.7911 of 2006 and Criminal Reference No.15 of 2006. While rejecting the Reference, the High Court allowed the Appeal and acquitted the respondents of the charges under Section 302 read with Section 34 IPC. Pursuant to the statement of PW1 Roop Basant recorded by scribe Soran Lal at 12:45 p.m. on 24.02.2006, Crime No.23 was registered with Police Station Khurja Dehaat, Bulandshahar against the respondents. It was alleged that on that day Akash aged about 8 years, nephew of said PW1 was playing near Ambedkar Park. At about 10 a.m. respondent Subhadra took said Akash to her baithak, which was seen by villagers Mewa Ram and Vijay Pal. At that time three sons of said Subhadra, who along with Subhadra are respondents herein, were sitting in the Verandah. They went inside taking Akash along with them and did not come out for about half an hour. It was alleged that the respondents then came out with a "thaal" filled with articles of worship (pooja samagri) and went towards Chamunda Math for worship.
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