STATE OF U P Vs. ISHTEKHAR

JUDGEMENT

(1.) THIS State Appeal has been preferred against the judgment and order of acquittal dated 14.12.2006 passed by Special/ Additional Sessions Judge, court no.7, Ballia in Sessions Trial No.107 of 2005, State Vs. Ishtekhar and another connected with Sessions Trial No.196 of 2005, State Vs. Rinkoo @ Jameer arising out of Case Crime No.461 of 2004, under Sections 302/34, 120 -B IPC, Police Station Kotwali, district Ballia.

(2.) WE have heard learned AGA for the State -appellant as well as learned counsel for the accused -respondents and perused the entire record of this appeal.

(3.) IT is relevant to mention that the appeal has been filed on a delay of seven days, therefore, Delay Condonation Application has also been moved. Hearing of the same was done simultaneously with the merit of judgment, therefore, the Delay Condonation Application is also being disposed of on merit while measuring sustainability of the judgment impugned.