ISHTIAQ Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) Special leave granted. Heard both the sides.

(2.) The only evidence against the appellant is that he had exhorted accused shaffi to fire at Aziza Begum from the top of the roof. We have given our anxious consideration to the evidence on this point but we are not satisfied that the evidence as regards exhortation is satisfactory. There is room for reasonable doubt insofar as this part of the evidence is concerned and the benefit of reasonable doubt must therefore go to the appellant. We accordingly allow the appeal and set aside the conviction and sentence of the appellant. The appellant is on bail. He need not surrender to his bail bonds.