State of U.P. vs Shipahi Lal and Another

Heard learned Counsel for the State.

This application u/s 378(3) Cr.P.C. has been moved against the judgment of acquittal passed in Sessions Trial Nos. 530 of 2009, arising out of Case Crime No. 207 of 2010, u/s 302 IPC P.S. Safipur, district Unnao whereby the accused respondents were acquitted by the learned Additional Session Judge, Court No. 1 vide judgement dated 17th March, 2010.

We have gone through the judgment of the court below as well as the lower court record.

An FIR was lodged by the P.W. 1, Father of the deceased that his Son Sunil was called upon by the respondents from his house, who was also handicapped and later on when in the night he did not return home then the complainant came to the house of the respondents but they were not available at their house and ultimately the dead body of Sunil was found in the field of Rewati Malla with lacerated wounds. It has been argued by the learned Government Advocate that no doubt it is a case of circumstantial evidence but chain of circumstances is complete to the effect that Sunil was called upon from the house of the complainant. He was last seen in the company of respondents. Apart from this, the reasons for committing this crime is alleged that Sunil was having illicit relation with wife of respondent No. 2, Manohar Lal and wife of Manohar Lal is Sister of Sipahi Lal. There is evidence on record to this effect. Prima-facie, we find it a fit case to grant leave to appeal.

Accordingly, the application is allowed and leave to appeal is granted.

Admit.

Summon lower court record.

Let bailable warrants of arrest be issued against the respondents through Chief Judicial Magistrate, Unnao fixing 31st August, 2010 for their attendance before this Court.

List on 31st August, 2010.