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STATE OF U.P. versus RAKESH & ANOTHER

High Court of Judicature at Allahabad

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State Of U.P. v. Rakesh & Another - GOVERNMENT APPEAL No. 303 of 2003 [2005] RD-AH 7041 (6 December 2005)

 

This is an UNCERTIFIED copy for information/reference. For authentic copy please refer to certified copy only. In case of any mistake, please bring it to the notice of Joint Registrar(Copying).

HIGH COURT OF JUDICATURE OF ALLAHABAD

Hon'ble M.C. Jain, J.

Hon'ble Vinod Prasad, J.

Dismissed.

For orders, see our order of the date passed on the leave application.

Dt:6.12.2005.

P.G.A-303-03

Hon'ble M.C. Jain, J.

Hon'ble Vinod Prasad, J.

We have heard Sri Sudhir Kumar Agarwal, learned A.G.A. and have perused the impugned judgement of acquittal.  

One  Yamin Khan was allegedly shot dead  by the accused respondents, namely, Rakesh and Harkesh (real brothers) on 5.4.2000 at about 7.30 PM at the outskirts  of the village. The report was lodged by Noor Mohammad  PW 1--brother of the deceased. Shyamuddin PW 2 was examined as another eyewitness. As per the prosecution case, both the accused respondents had opened shots on the deceased. However, as per the post mortem report, only one gunshot wound of entry was found on his back. He suffered blunt weapon injury on the face too, but there was no explanation therefor.  The source of light was also doubtful. There was apparent conflict between the medical evidence and ocular testimony. The gunshot injury sustained by the deceased did not have any attribute of blackening etc. meaning thereby it was not a close range shot. It seemingly was a case of hit and run. There was enmity between the two sides and possibility of the accused respondents having been roped in on suspicion could not be ruled out.

The trial court has given cogent and convincing reasons for recording acquittal. No interference is called for.

Leave to file appeal is declined.

Dt:6.12.2005.

P.G.A-303-03


Copyright

Reproduced in accordance with s52(q) of the Copyright Act 1957 (India) from judis.nic.in, indiacode.nic.in and other Indian High Court Websites

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