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Judgment
Heard learned Counsel for the State.
This application u/s 378(3) Cr.P.C. for leave to appeal has been preferred by the State against the judgment dated 07/09.06.2010 passed by learned Additional Sessions Judge, Court No. 4, Faizabad in Session Trial No. 45 of 2007 whereby respondent Sheo Prakash Tiwari alias Deputy Tiwari has been acquitted of the charges levelled against him under Sections 302/34, 506, 506(2) IPC.
We have gone through the judgment of the court below.
The prosecution story reveals that the incident had taken place on 24.09.2006 at about 03.00 pm wherein role assigned to the respondent is to the effect that on his instigation Lallu alias Prem Narain and Kallo alias Laxmi Narain had fired upon the deceased who after being grounded was later on fired by Sheo Prakash Tiwari alias Deputy Tiwari on his face. The prosecution in support of its case has examined three witnesses of facts, out of which PW-1 has supported the prosecution version.
Since PW-2 has stated in his statement that he has not seen Sheo Prakash Tiwari alias Deputy Tiwari on the place of incident, as such, judgment of acquittal has been passed in favour of the respondent Sheo Prakash Tiwari alias Deputy Tiwari.
It has also been argued that there is sufficient trustworthy evidence on record so as to indicate that the respondent had participated in the commission of crime and the court below has committed a manifest error while convicting the accused Lallu and Kallu on the same set of evidence and acquitting respondent Sheo Prakash Tiwari alias Deputy Tiwari.
We find force in the arguments advanced by learned Additional Government Advocate.
Accordingly, the application is allowed and the prayer for leave to appeal is granted.
Admit.
Connect along with Criminal Appeal No. 2016 of 2010.
Let bailable warrant of arrest be issued against respondent-Sheo Prakash Tiwari alias Deputy Tiwari fixing 06.10.2010 for his attendance before this Court.
List on 06.10.2010.