STATE OF UP Vs. KALLAN

JUDGEMENT

(1.) Heard Sri Jitendra Kumar Jaiswal, learned AGA for the appellant/State, Sri Mohd. Danish, learned counsel for the accused-opposite parties and perused the trial court record.

(2.) The instant Government Appeal alongwith an application for grant of leave to appeal has been filed by the State of U.P. against the impugned judgment and order dtd. 13/3/2024 passed by Addl. Sessions Judge, Court No. 9, Moradabad in Sessions Trial No. 952 of 2018 (State Vs. Kallan and others) arising out of Case Crime No. 39 of 2018, under Ss. 302 read with sec. 34 IPC and Sec. 506 IPC, P.S.-Hazratnagar Garhi, District-Moradabad, by which, all the accused-opposite parties Kallan, Haneef, Shahid and Waheed have been acquitted of all the charges framed against them under Ss. 302/34, 506 IPC.

(3.) As per the prosecution case, based on the written report an FIR has been lodged at the instance of one Iqbal son of Wazeer on 12/6/2018, stating therein that he is permanent resident of Sonakpur, P.S. Hazratnagar Garhi, Moradabad. On 12/6/2018 in the night, he was sleeping on the roof top of his house alongwith his children. His younger brother Gulfam was also sleeping alongwith his wife and children in the nearby roof and at about 1.30 a.m. in the night, accused-opposite parties, namely Kallan, Haneef, Shahid and Waheed in furtherance of common intention reached on the roof top of his brother Gulfam and sliced his neck causing his death.