(1.) ONKARESHWAR Bhatt, J. Accused-respondent, Rajendra Singh, was tried and acquitted of the offence under Section 302 IPC and under Section 25/27, Arms Act. The judgment and order of acquittal were passed by the then District and Sessions Judge, Farrukhabad on 13-11-1998 in S. T. No. 195 of 1995, State of U. P. has come up in appeal.
(2.) SRI M. C. Joshi, learned A. G. A. , for the State and Smt. Raj Lakshmi Sinha, Amicus Curiae for the respondent have been heard and the record of the case has been carefully perused.
(3.) THE trial Court found that the F. I. R. of the case was doubtful, witnesses were not reliable, no independent witness had been examined, investigation was not fair and recovery of arm was doubtful. For the above reasons the accused has been acquitted.