Allahabad High Court
State Of U.P. vs Surjit Singh & Another on 24 March, 2014
Bench: Ravindra Singh, Shashi Kant
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 42
Case :- GOVERNMENT APPEAL No. - 8107 of 2006
Appellant :- State Of U.P.
Respondent :- Surjit Singh & Another
Counsel for Appellant :- Govt. Advocate
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 28.08.2006 passed by learned Special Judge, Gangester Act/Additional Sessions Judge, Court No. 5 Bareilly, whereby the accused respondents have been acquitted for the offence punishable u/s 302 I.P.C. and 3 (2) U.P. Gangester Anti Social (Prevention) Activities Act, 1986.
Having heard 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 Gulam Navi P.W.1 on 15.10.2003 at 6:55 p.m. at P.S. G.R.P. Mailani. The same was transferred to the concerned Police Station, where it was registered on 15.10.2003 at 10:35 p.m. alleging therein that when the deceased Kadir Khan and Mustafa Raza Khan along with first informant were traveling in a train, the accused respondents have entered into the train, they discharged shot, consequently, both the deceased sustained gun shot injuries, as a result of which, the deceased Mustafa died instantaneously and in injured condition, the deceased Kadir Khan taken to the Hospital, where he succumbed to his injuries on 16.10.2003 in the morning.
According to the post mortem examination report, both the deceased had sustained gun shot injuries. In support of prosecution version, P.W.1 has been examined as eye witness, remaining witnesses are formal witnesses. In the present case, dying declaration of deceased Kadir Kahn was also recorded by learned Magistrate concerned in which he made specific allegation against accused respondents causing injuries on his person and the person of the deceased Mustafa. It is a case in which in a running train, gun shot injuries have been caused on account of old enmity.
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 :- 24.3.2014/Monika.
On memo of appeal.
Case :- GOVERNMENT APPEAL No. - 8107 of 2006
Appellant :- State Of U.P.
Respondent :- Surjit Singh & Another
Counsel for Appellant :- Govt. Advocate
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. Bareilly returnable within a period of six weeks from today. In case, the accused respondents appear before the Court of C.J.M. Bareilly 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 08.05.2014.
List on 08.05.2014.
Order Date :- 24.3.2014
Monika
