Allahabad High Court
State Of U.P. vs Shankar Majhi And Another on 9 January, 2017
Bench: Shashi Kant Gupta, Rekha Dikshit
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 45 Case :- GOVERNMENT APPEAL No. - 4460 of 2011 Appellant :- State Of U.P. Respondent :- Shankar Majhi And Another Counsel for Appellant :- Desh Ratan Chaudhary Hon'ble Shashi Kant Gupta,J.
Hon'ble Mrs. Rekha Dikshit,J.
Heard learned counsel appearing for the State appellant/applicant and perused the material on record.
This application has been filed by the State appellant/applicant with the prayer that leave to appeal may be granted against the judgement and order dated 29.03.2011, passed passed by Additional Session Judge/Fast Track, Court No.1, Mirzapur, in Sessions Trial No.145 of 2006 (State Vs. Shankar Majhi and another), under Sections 304 IPC, Police Station Chunar, District Mirzapur, whereby the accused respondents have been acquitted for the offence punishable under the sections referred to above.
We have heard learned counsel for the appellant-complainant and learned A.G.A. appearing for the State-respondents and perused the trial court's judgment and record.
Upon perusal of judgment and evidence, we are of the view that the order of acquittal recorded by the trial court requires reconsideration.
The application is allowed.
The Government Appeal is admitted.
Summon the lower court record.
Issue bailable warrants to the accused-respondent nos. 1 and 2 through CJM concerned returnable within four weeks from today. In case the accused-respondent nos. 1 and 2 are arrested or appear before the court of CJM concerned, they may be released on bail upon furnishing personal bond of Rs. 20,000/- and two sureties each in the like amount to the satisfaction of the Magistrate concerned and further on the undertaking that they shall appear before this Court on 11.4.2017.
List on 11.4.2017.
On that date, the accused-respondent nos. 1 and 2 shall appear before this Court.
Order Date :- 9.1.2017.G.S