Allahabad High Court
State Of U.P. vs Abid And Others on 20 January, 2011
Bench: Ravindra Singh, Arvind Kumar Tripathi
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 55 Case :- GOVERNMENT APPEAL No. - 8037 of 2009 Petitioner :- State Of U.P. Respondent :- Abid And Others Petitioner Counsel :- G.A. Respondent Counsel :- Amit Daga Hon'ble Ravindra Singh,J.
Hon'ble Arvind Kumar Tripathi,J.
Heard the learned A.G.A. and perused the lower record.
This application for leave to appeal has been filed against the judgment and order dated 23.5.2009 passed by the learned Additional Sessions Judge/F.T.C. 5,Meerut in S.T. No. 380 of 2008 connected with 389 of 2008 and 390 of 2008 whereby the accused respondents have been acquitted for the offence punishable under sections 147,148,307/149,504 and 506 I.P.C. The accused respondents Abid and Sadakat has been acquitted for the offence punishable under section 25 of the Arms Act.
From the perusal of the record it appears that in the present case the alleged occurrence has taken place on 14.12.2008 at about 10.00 a.m., its F.I.R. has been lodged on 14.12.2008 at 11.10 a.m. it is alleged that the accused respondents Dilshad and Kurban caught hold the injured Vakil Ahmad, at their exhortation the accused respondents Abid, Sadakat and Islam discharged shots on the person of Vakil Ahmad, consequently, he sustained gun shot injury, his father Idris came for his rescue, he also sustained injuries on his head. The F.I.R. has been promptly lodged. The Vakil Ahmad has been examined as P.W.2, his injuries have been proved by Dr. Mukesh Kumar, P.W.4, the injuries was so serious that he had gone for operation. The trial court has recorded the finding of acquittal, which requires reconsideration, therefore, leave to appeal is granted.
Accordingly this application is allowed.
DT. 20.1.2011 NA Hon'ble Ravindra Singh,J.
Hon'ble Arvind Kumar Tripathi,J.
Heard the learned A.G.A. and perused the lower court record.
Since leave to appeal is granted today.
Admit.
The lower court record has been received.
Issue bailable warrant to accused respondents 1 to 5 through the C.J.M. Meerut returnable within six weeks. In case the accused respondents have furnished their bail bonds before the CJ.M. Meerut an undertaking shall be taken from them that they shall appear before this court either in person or through their counsel within a months from the date of execution of the bail bonds. The learned C.J.M. Meerut shall furnish compliance report within two months from today List on 23March, 2011.
Order Date :- 20.1.2011 N.A.