Allahabad High Court
State Of U.P. vs Ram Awadh And Ors on 10 March, 2014
Author: Ravindra Singh
Bench: Ravindra Singh, Shashi Kant
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 42 Case :- GOVERNMENT APPEAL No. - 3379 of 1999 Appellant :- State Of U.P. Respondent :- Ram Awadh And Ors Counsel for Appellant :- A.G.A. Hon'ble Ravindra Singh,J.
Hon'ble Shashi Kant,J.
Heard learned A.G.A. for the State of U.P. and perused the lower court's record.
This application for granting the leave to appeal has been filed against the judgment and order dated 3.7.1999 passed by IIIrd Additional District & Sessions Judge, Gorakhpur in S.T. No. 264/1995, whereby the accused respondents Ram Awadh, Karan Dayal, Govind and Ram Sukh have been acquitted for the offence punishable under sections 147, 302 read with section 149 I.P.C. and accused respondents Ram Singh and Nebu Lal have been acquitted for the offence punishable under sections 148 and 302 I.P.C. Having heard learned A.G.A. for the State of U.P. and perusing the lower court's record, it reveals that the F.I.R. of this case has been lodged on 1.6.1993 at 10:33 a.m. in respect of the incident allegedly occurred on 01.06.1993 at about 8:30 a.m. alleging therein that on the exhortation of the accused respondent Ram Awadh, Karan Dayal, the deceased was chased by the accused respondents Govind and Ram Sukh and a gun shot injuries were caused by accused respondents Ram Singh and Nebu Lal, consequently, after sustaining a gun shot injuries, the deceased died instantaneously. According to the post mortem examination report, the deceased had sustained five anti mortem injuries in which injury nos. 2, 4 and 5 were gun shot wound of entry. In support of the prosecution version, P.W.1 Baleshwar Prasad and P.W.2 Beer Abhimanyu have been examined as eye witnesses. They have supported the prosecution story. The F.I.R. has been lodged promptly. It is a brought day light incident. In the circumstances, the findings of acquittal recorded by trial court requires reconsideration, therefore, leave to appeal is granted and application for leave to appeal is allowed. Order Date :- 10.3.2014/Monika Court No. - 42 On memo of appeal.
Case :- GOVERNMENT APPEAL No. - 3379 of 1999 Appellant :- State Of U.P. Respondent :- Ram Awadh And Ors Counsel for Appellant :- A.G.A.
Hon'ble Ravindra Singh,J.
Hon'ble Shashi Kant,J.
Heard learned A.G.A. for the State of U.P. and perused the record.
Application for granting leave to appeal is allowed today.
Admit.
Issue bailable warrants against the accused respondents through C.J.M. Gorakhpur returnable within a period of six weeks from today. In case, the accused respondents appear before the Court of C.J.M. Gorakhpur and furnish bail bonds to the satisfaction of the court concerned, they shall be released on bail on undertaking that they shall appear before this court on 30.04.2014 List on 30.4.2014 Order Date :- 10.3.2014 Monika