STATE OF U P Vs. KHALIL

JUDGEMENT

(1.) This appeal has been filed by the State of U.P. against the judgment and order dated 30.10.76 of Sri S.K. Misra, I Additional Sessions Judge, Jhansi acquitting Khalil Khan respondent of the charge under section 395 I.P.C. Co-accused Khalil s/o Idu, Chhotey and Amol Singh were also acquitted of the charge under section 395 I.P.C. by the learned Sessions Judge.

(2.) The above mentioned appeal came up for hearing before a Division Bench of this court consisting of Hon. B.N. Katju, J. and Hon. K.C. Agarwal, J. Hon. B.N. Katju, J. had upset the findings arrived at by the trial court. He had allowed the appeal and convicted respondent Khalil Khan under section 395 I.P.C. and sentenced him to undergo R.I. for 5 years whereas Hon. K.C. Agarwal, J. differed with his brother Judge and held that there was no merit in the appeal and while dismissing the appeal, affirmed the order of acquittal passed by the trial court in favour of the accused.

(3.) In view of the aforesaid difference of opinion between them the appeal was placed before Honble the Acting Chief Justice for reference to another Judge for his opinion as required by Section 392 Cr. P.C.