State of U.P. vs Laimood Khan

Heard learned Counsel for the State.

This application for leave to appeal has been moved against the judgment and order dated 26.08.2010 passed by learned Special/Additional Sessions Judge, Lakhimpur Kheri in Sessions Trial No. 278 of 2007 as well as Sessions Trial No. 279 of 2007 whereby Respondent Laimood Khan has been acquitted from the charges levelled against him u/s 302 IPC & 3/25 Arms Act.

We have gone through the judgment of the court below, lower court record, statement of Makhmool Khan, who has been examined as PW-1, as well as post mortem report of deceased Zakir Ali alias Marru.

It comes out that the incident had taken place on 19.09.2006 at about 01.00 am wherein deceased Zakir Ali alias Marru, who was sleeping in an open kothri, was fired upon by the accused by a countrymade pistol from a closed range due to which he died on the spot. FIR of the incident was lodged by father of the deceased, namely, Barkat Ali and the occurrence was witnessed by Makhmool Shah (PW-1) & Waris Ali (PW-2). Father of the deceased, namely, Barkat Ali could not have been examined as he died during the course of trial. The accused was having illicit relation with wife of the deceased and since the deceased objected, the reason occurred for the commission of crime.

While going through judgment and record we find that the court below has not appreciated the evidence led by the prosecution in its correct perspective.

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

Admit.

Let bailable warrants of arrest be issued against the Respondent through Chief Judicial Magistrate concerned fixing his attendance before this Court on 21.09.2011.

List/put up on 21.09.2011.