Allahabad High Court
State Of U.P. vs Makhbool & Others on 26 March, 2014
Bench: Ravindra Singh, Shashi Kant
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 42
Case :- GOVERNMENT APPEAL No. - 2023 of 1998
Appellant :- State Of U.P.
Respondent :- Makhbool & Others
Counsel for Appellant :- A.K.Misra,A.G.A.
Hon'ble Ravindra Singh,J.
Hon'ble Shashi Kant,J.
Heard learned A.G.A. for the State of U.P. and perused the lower court's record.
This application for granting the leave to appeal has been filed against the judgment and order dated 7.4.1998 passed by learned Sessions Judge, Badaun in S.T. No. 162/1996, whereby the accused respondents have been acquitted for the offence punishable under sections 302/34 I.P.C.
Having heard learned counsel for the appellant and learned A.G.A. for the State of U.P. and perusing the lower court's record. It reveals that the F.I.R. of this case has been lodged by Natthu P.W.-1 on 20.4.1995 at 5:00 a.m. in respect of the incident allegedly occurred on 19.04.1995 in the evening hours. The accused respondents are named in the F.I.R. The accused respondent Makhbool is the husband of the deceased. The allegation against the accused respondent is that on account of non supplying the meal within time, she was expelled from her house. She was abused thereafter she same to her parents house but on persuasion of the accused respondents, she was sent by her parents to their house. She was killed by pouring kerosene and setting on her fire. There is specific role of catching hold to the accused respondent Makhbool, the accused respondent Nanhey poured kerosene upon her and accused respondent Jalil set on her fire. At that time the accused respondent Ali Sher was exhorting the other accused persons for committing the murder of the deceased. The deceased in her injured condition was taken to the Hospital, where she died but prior to that a dying declaration was recorded by the learned Magistrate concerned. The same has not been made part of the record.
In support of the prosecution version. P.W.1 Natthu and P.W.2 Smt. Sharifan has been examined as eye witnesses. It is a case in which from the side of the defence some persons examined. According to the statements of the accused respondents recorded under section 313 Cr.P.C. no explanation has been given as to how the deceased sustained burn injuries. But according to the deposition of the defence witness, she sustained burn injuries when she was cooking food. The defence taken by the accused respondents by way of adducing the evidence of the defence witnesses is not corroborated by the facts of the case because according to dead-body of the deceased, she was found out side of the house near a hand-pump that was not the place of cooking food.
In the circumstances, the findings of acquittal recorded by trial court requires reconsideration, therefore, leave to appeal is granted and application for leave to appeal is allowed.
Order Date :- 26.3.2014/Monika
On memo of appeal
Case :- GOVERNMENT APPEAL No. - 2023 of 1998
Appellant :- State Of U.P.
Respondent :- Makhbool & Others
Counsel for Appellant :- A.K.Misra,A.G.A.
Hon'ble Ravindra Singh,J.
Hon'ble Shashi Kant,J.
Heard learned A.G.A. for the State of U.P. and perused the record.
Application for granting leave to appeal is allowed today.
Admit.
Issue bailable warrants against the accused respondents through C.J.M. Budaun returnable within a period of six weeks from today. In case, the accused respondents appear before the Court of C.J.M. Budaun and furnish bail bonds to the satisfaction of the court concerned, they shall be released on bail on undertaking that they shall appear before this court on 12.05.2014.
List on 12.05.2014.
Order Date :- 26.3.2014
Monika
