Court No. - 4
Case :- CRIMINAL APPEAL No. - 1263 of 2015 Appellant :- Mohd. Azam Respondent :- State Of U.P.
Counsel for Appellant :- Hemant Kumar,Anoop Trivedi,Dileep Kumar,Kamal Krishna,Rajrshi Gupta,Vivek Prakash Mishra Counsel for Respondent :- Govt.Advocte,Vijay Kumar Pandey Connected with Case :- CRIMINAL APPEAL No. - 745 of 2015 Appellant :- Liaqat And Another Respondent :- State Of U.P.
Counsel for Appellant :- Hemant Kumar,Ghan Shyam Das Counsel for Respondent :- Govt.Advocate
Hon'ble Bala Krishna Narayana,J. Hon'ble Irshad Ali,J.
Heard Sri Dileep Kumar, Advocate assisted by Sri Rajrshi Gupta, learned counsel appearing on behalf of the appellant, Sri Vijay Kumar Pandey, learned counsel for the complainant and Sri J.K. Upadhyay, learned AGA for the State.
We will give reasons later. But we are making the operative order here and now.
Since both the aforesaid appeals arise out of one and the same judgment and order dated 18.02.2005 passed by learned Additional Sessions Judge, Court No. 8, Azamgarh, therefore, both the appeals are being decided of by way of a common judgment.
Both the criminal appeals are allowed. The impugned judgment and order dated 18.02.2015 passed by learned Additional Sessions Judge, Court No. 8, Azamgarh in S.T. No. 341 of 1996 (State Versus Mohd. Azam and others) by which the appellant-Mohd. Azam in Criminal Appeal No. 1263 of 2015 has been convicted and sentenced to imprisonment for life with fine of Rs. 30,000/- under Section 302 IPC and in default of payment of fine six months additional rigorous imprisonment while appellants-Liaqat and Alauddin in Criminal Appeal No. 745 of 2015 have been convicted and sentenced to imprisonment for life with fine of Rs. 30,000/-each and in default of payment of fine six months additional rigorous imprisonment each, are hereby set aside.
The appellants in both the aforesaid appeals are acquitted of all the charges framed against them. Appellant-Mohd. Azam in Criminal Appeal No. 1263 of 2015 is in jail. He shall be released forthwith unless he is wanted in any other criminal case while appellants-Liaqat and Alauddin in Criminal Appeal No. 745 of 2015 are on bail. They need not surrender. Their bail bonds are cancelled and the sureties are discharged. The appellants shall comply with Section 437A of Cr.P.C. within three weeks.
Order Date :- 29.3.2018 SA