Allahabad High Court
State Of U.P. vs Harikesh Verma on 8 July, 2014
Author: Ravindra Singh
Bench: Ravindra Singh, Vishnu Chandra Gupta
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH ?Court No. - 7 Case :- U/S 378 CR.P.C. No. - 9 of 2013 Applicant :- State Of U.P. Opposite Party :- Harikesh Verma Counsel for Applicant :- Govt. Advocate Hon'ble Ravindra Singh,J.
Hon'ble Vishnu Chandra Gupta,J.
Heard learned A.G.A. and perused the lower court record.
This application for granting the leave to appeal has been filed against the impugned judgement and order dated 12.10.2012 passed by learned Addl. Sessions Judge, Court No. 34, Barabanki in S.T. No. 219 of 2012 whereby the accused respondent has ben acquitted for the offence punishable under section 302 IP/C. From the perusal of the record and impugned judgement it reveals that in the present case FIR has been lodged by Prem Chandra, the real brother of the accused respondent on 18.11.2011 at 9.45 A.M. in respect of the incident allegedly occurred in the night of 17/18.11.2011 at about 2.00 A.M. The allegation against the accused respondent is that he committed the murder of his father by way of throttling. P.W. 1 Prem Chandra Verma has supported the prosecution story. According to his deposition he was eye witness of the alleged incident. According to the post mortem examination report the cause of death was due to throttling. In such circumstances, the findings of the acquittal recorded by the trial court requires interference by this court. The prayer for granting the leave is allowed.
Accordingly this application is allowed.
Order Date :- 8.7.2014 RPD/Leave to appeal Court No. - 7 Case :- U/S 378 CR.P.C. No. - 9 of 2013 Applicant :- State Of U.P. Opposite Party :- Harikesh Verma Counsel for Applicant :- Govt. Advocate Hon'ble Ravindra Singh,J.
Hon'ble Vishnu Chandra Gupta,J.
Heard learned A.G.A. and perused the lower court record.
The application for granting the leave has been allowed today.
Admit.
Issue bailable warrant against accused respondent through C.J.M. Barabanki returnable within a period of one month. In case he appears before the court of learned C.J.M. Barabanki and furnishes his bail bonds to the satisfaction of the C.J.M. Barabanki, he shall be released on bail on undertaking that he shall appear before this court on 19.08.2014.
List on 19.8.2014.
Order Date :- 8.7.2014 RPD/ Appeal