Allahabad High Court
State Of U.P. vs Sonu on 14 July, 2010
Author: Abdul Mateen
Bench: Abdul Mateen, Yogendra Kumar Sangal
Court No. - 25 Case :- U/S 378 CR.P.C. No. - 7 of 2006 Petitioner :- State Of U.P. Respondent :- Sonu Petitioner Counsel :- Govt.Advocate Hon'ble Abdul Mateen,J.
Hon'ble Yogendra Kumar Sangal,J.
Heard learned counsel for the State.
This application for leave to appeal has been moved against the judgment of acquittal of respondent in Session Trial No. 307 of 2002 passed by Additional Sessions Judge(FTC-2), Unnao on 04.08.2006 whereby acquitting him of the charges levelled under Sections 307, 504 & 506 IPC relating to police station Kotwali, district Unnao. We have gone through the judgment of the court below as well as lower court record.
It comes out that on 25.07.2001 at 05.30 pm when complainant and his brother Mohan Lal were sitting at their door, respondent Sonu along with two other persons come to their house on a motorcycle and fired upon Mohan Lal by country-made pistol and thereafter they fled away from the spot . The FIR of said incident was lodged on 28.07.2001 against respondent Sonu and two other persons. Injured Mohan Lal was examined as PW-2.
The judgment of acquittal is based only on the circumstance that FIR was lodged on 28.07.2001 and there is no explanation with respect to delay in lodging the same.
From the FIR, it comes out that the complainant PW-1 has explained reasons for delay in lodging the FIR, apart from it there is no whisper in the judgment as to why testimony of PW-2, who had received firearm injury on his vital part, has been discarded. The application is allowed and the prayer for leave to appeal is granted. Order Date :- 14.7.2010 Pradeep/-
Court No. - 25Case :- U/S 378 CR.P.C. No. - 7 of 2006 Petitioner :- State Of U.P. Respondent :- Sonu Petitioner Counsel :- Govt.Advocate Hon'ble Abdul Mateen,J.
Hon'ble Yogendra Kumar Sangal,J.
Admit.
Let bailable warrants of arrest be issued against respondent Sonu through Chief Judicial Magistrate Unnao fixing 19.08.2010 for his appearance before this Court List/put up on 19.08.2010.
Order Date :- 14.7.2010 Pradeep/-