STATE OF UTTAR PRADESH Vs. ABDUL WAHID

JUDGEMENT

(1.) The State is aggrieved by an order of acquittal passed by the High Court of Allahabad in favour of the respondents on 9.2.1990. The high Court has set aside the conviction and sentence recorded by the trial Court.

(2.) We have heard learned counsel and perused the judgment of the Courts below and the other record.

(3.) That Islam Hussain and Noor Hasan. PWs, the ace witnesses of the prosecution, came after hearing the shot, is prosecution's own case. According to them, they identified the accused-respondents in the moonlight and with the aid of a torch and found that the accused were near the deceased - one holding a gun and the other a Tamacha' and they had fired from close range at the deceased.