Allahabad High Court
State Of U.P. vs Sanjay Agrahari & 4 Ors. on 30 October, 2019
Author: Devendra Kumar Upadhyaya
Bench: Devendra Kumar Upadhyaya
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH ?Court No. - 10 Case :- U/S 378 CR.P.C. No. - 152 of 2019 Applicant :- State of U.P. Opposite Party :- Sanjay Agrahari & 4 Ors. Counsel for Applicant :- G.A. Hon'ble Devendra Kumar Upadhyaya,J.
Hon'ble Mohd. Faiz Alam Khan,J.
This is an application for grant of leave to file appeal under Section 378(3) of Cr.P.C. against the judgment and order dated 14.05.2019 passed by Additional Sessions Judge/ F.T.C.-II, Sultanpur, in Sessions Trial No. 138 of 2012, arising otu of Case Crime No. 903 of 2011, under Sections 302, 394, 120-B, 412 IPC, relating to Police Station Amethi, District Amethi, whereby the respondents no. 1 to 4, namely, Sanjay Agrahri, Indrajeet Soni @ Jeete, Sunil Chaurasia, Raj Kumar @ Guddu have been acquitted of the charges under Sections 302/34, 394/34 IPC, respondent no.5- Smt. Deepa has been acquitted of the charges under Section 120-B read with Sections 302, 394 IPC and respondent Indrajeet Soni, Raj Kumar and Sunil Kumar Chaurasia have been acquitted of the charge under Section 411 IPC. Heard learned AGA for the State and perused the lower court record.
It has been argued by learned counsel for the appellant that despite there being enough evidence to conclude all circumstances such as the motive, residence of accused persons in the same house and also abnormal conduct of some of the accused persons as well as recovery of weapon, cash and jewelery, learned trial court has recorded a finding which is not sustainable. Learned AGA has emphasized in his arguments that burden upon the family of the brother of the deceased, who is also an accused in this case, cast on them under Section 106 of the Indian Evidence Act, has not been discharged, in as much as though in the incident as many as five murders of the persons belonging to the same family took place and the family of the accused persons were also residing in the same house, they have not been able to explain as to why the crime was not reported to the police. Having heard learned AGA and perused the record, we are of the opinion that State has been able to make out a case for grant of leave to file appeal. Accordingly this application is allowed. Leave to appeal is granted.
(Mohd. Faiz Alam Khan,J.) (Devendra Kumar Upadhyaya,J.) Order Date :- 30.10.2019 Muk .
Court No. - 10 Case :- U/S 378 CR.P.C. No. - 152 of 2019 Applicant :- State of U.P. Opposite Party :- Sanjay Agrahari & 4 Ors.
Counsel for Applicant :- G.A. Hon'ble Devendra Kumar Upadhyaya,J.
Hon'ble Mohd. Faiz Alam Khan,J.
Admit.
Lower court record has already been received.
Let bailable warrants be issued against the respondents no.1 to 5, who will be released on bail on their appearance before learned Chief Judicial Magistrate, concerned and on their furnishing a personal bond and two sureties each in the like amount to his satisfaction. List this case on 9th December, 2019, on which date respondents no. 1 to 5 shall be present before this Court. Learned Chief Judicial Magistrate, concerned shall furnish copy of personal bonds and surety bonds with his report by the next date. Office to communicate this order to learned Chief Judicial Magistrate, concerned.
(Mohd. Faiz Alam Khan,J.) (Devendra Kumar Upadhyaya,J.) Order Date :- 30.10.2019 Muk