SPLA/79/2022
2022 Latest Caselaw 3170 UK

               Office Notes,
              reports, orders
SL.           or proceedings
      Date                                          COURT'S OR JUDGES'S ORDERS
No           or directions and
             Registrar's order
              with Signatures
                                 SPLA No. 79 of 2022 with GA No. 25 of 2022
                                 SPLA No. 75 of 2022 with GA No. 21 of 2022
                                 Shri Sanjaya Kumar Mishra, J.

Shri Alok Kumar Verma, J.

Shri J. S. Virk, learned Deputy Advocate General with Shri Rohit Dhyani, learned Brief Holder for the State.

Shri T.A. Khan, learned Sr. Advocate with Ms. Sadaf, learned counsel for the respondents.

Present special leave to appeals along with Government appeals have been filed against the judgment of acquittal dated 28.10.2021 passed by 2nd Additional Sessions Judge, Haldwani, District Nainital in Sessions Trial No. 22 of 2008 acquitting respondent Mohd. Afsar for the offence under Section 302 IPC; acquitting respondents - Firasatullaha, Danish and Mohd. Shahid for the offence under Section 120B IPC; acquitting respondent Mohd. Ikram for the offence under Section 302/34 IPC; in Sessions Trial No. 92 of 2012 acquitting respondent Rashid Kureshi for the offence under Section 302/34, 120 IPC and in Sessions Trial No. 23 of 2009 acquitting respondent Mohd. Afsar for the offence under Section 25 of the Arms Act.

It is borne out from the analysis of the material available on records that PW3 Iqbal Ahmad, who deals with the scrap materials came from Muzaffarnagar on that date; he offered Namaz in the nearby Jamamajid and when he was watching carom game between the two persons, the incident took place. Evidence of this witness was disbelieved by the learned trial Court on the ground that he was examined by the Investigating Officer after 34 days of the incident. However, this witness has explained his presence at the spot. Moreover, there are other corroboration like gunshot injury on the persons of the dead body of the deceased, which lead us to come to the conclusion that there are prima facie compelling and substantial grounds for granting leave to appeal.

Accordingly, Special Leave to appeals, against the judgment of acquittal, are allowed. Leave to appeal is granted.

Both the Government Appeals are admitted.

Paper book is ready but it appears that evidence of some of the witnesses is missing. Registry is directed to re-examine the paper- book and remove the lacuna.

List on 09.05.2023 along with other connected appeals.

(Alok Kumar Verma, J.) (Sanjaya Kumar Mishra, J.) 27.09.2022 SKS