Court No. - 25 Case :- U/S 378 CR.P.C. No. - 130 of 2010 Petitioner :- State Of U.P. Respondent :- Shipahi Lal & Another Petitioner Counsel :- Govt. Advocate Hon'ble Abdul Mateen,J.
Hon’ble Yogendra Kumar Sangal,J.
Heard learned counsel for the State.
This application under Section 378 (3) Cr.P.C. has been moved against the
judgment of acquittal passed in Sessions Trial Nos. 530 of 2009, arising out of
Case Crime No. 207 of 2010 , under Section 302 IPC P.S. Safipur, district
Unnao whereby the accused respondents were acquitted by the learned
Additional Session Judge, Court No. 1 vide judgement dated 17th March,
2010.
We have gone through the judgment of the court below as well as the lower
court record.
An FIR was lodged by the P.W. 1, Father of the deceased that his Son Sunil
was called upon by the respondents from his house, who was also
handicapped and later on when in the night he did not return home then the
complainant came to the house of the respondents but they were not available
at their house and ultimately the dead body of Sunil was found in the field of
Rewati Malla with lacerated wounds. It has been argued by the learned
Government Advocate that no doubt it is a case of circumstantial evidence but
chain of circumstances is complete to the effect that Sunil was called upon
from the house of the complainant. He was last seen in the company of
respondents. Apart from this, the reasons for committing this crime is alleged
that Sunil was having illicit relation with wife of respondent no. 2, Manohar
Lal and wife of Manohar Lal is Sister of Sipahi Lal. There is evidence on
record to this effect. Prima-facie, we find it a fit case to grant leave to appeal.
Accordingly, the application is allowed and leave to appeal is granted.
Order Date :- 15.7.2010
Kaushal
Hon’ble Abdul Mateen,J.
Hon’ble Yogendra Kumar Sangal,J.
Admit.
Summon lower court record.
Let bailable warrants of arrest be issued against the respondents through Chief
Judicial Magistrate, Unnao fixing 31st August, 2010 for their attendance
before this Court.
List on 31st August, 2010.
Order Date :- 15.7.2010
Kaushal