Court No. - 46
Case :- CRIMINAL MISC. APPLICATION U/S 372 CR.P.C (LEAVE TO APPEAL) No. - 314 of 2017 Applicant :- Saleem Khan Opposite Party :- State Of U.P. And 6 Others Counsel for Applicant :- Deepak Dubey,V.P. Srivastava Counsel for Opposite Party :- G.A.
Hon'ble Naheed Ara Moonis,J. Hon'ble Anil Kumar-IX,J.
Heard Sri V.P. Srivastava, (Senior Advocate) assisted by Sri Iqbal Hussain, learned counsel on behalf of the appellant and learned A.G.A. on behalf of the State.
The instant appeal has been preferred by the complainant Saleem Khan, who is the father of the deceased, Sabir Khan against acquittal of accused/respondent nos. 2 to 7, namely, Akhtar, Kallu, Jamal, Adnan, Gayasuddin Khan and Nizamuddin Khan by the Additional Sessions Judge, Court No. 2, Allahabad on 2.8.2017 in S.T. No. 880 of 2015 in case Crime No. 671 of 2015 who have been acquitted for the charge under Sections 147, 148, 302/149, 201/149 I.P.C., Police Station Naini, District-Allahabad.
It is submitted by the learned counsel for the appellant that the learned Trial Court has committed manifest error in acquitting the accused respondents, when there is clinching evidence to connect them with the murder of the complainant's son Sabir Khan. The accused respondents had not only committed murder of the son of the complainant but had also thrown away the dead body five kilometres away from the place of incident to wipe off the evidence against them. The weapon of assault had also been recovered at the pointing out of the two accused respondents who in association with other accused respondents have committed brutal murder. The Court below has completely ignored the oral and documentary evidence against all the accused respondents and acquitted them by giving benefit of doubt on the premise that the prosecution has failed to prove the case beyond all reasonable doubt.
Having considered the arguments advanced by the learned counsel for the applicant and after perusal of the judgement and order passed by the Court below, we are of the view that the findings recorded by the Court below require re-consideration.
Admit.
Let notices be issued to the accused respondent nos.2 to 7 namely Akhtar, Kallu, Jamal, Adnan, Gayasuddin Khan and Nizamuddin Khan returnable within a period of four weeks.
List this case in the week commencing 4th November, 2019 before the appropriate Bench.
Order Date :- 26.9.2019 Rahul.