AJAI PAL Vs. STATE OF U.P.

JUDGEMENT

(1.) The trial of the accused persons-Ajaypal, Ahlakar, and Awdhesh was conducted jointly under Sessions Trial Nos. 28 of 2003 and 28-B of 2003 and the trial of the accused Pawan was conducted under Sessions Trial No. 12 of 2003, in connection with Case Crime No. 86 of 2002 under Ss. 364-A, 302, and 201 IPC. Additionally, separate trials were conducted for the accused Awdhesh under Sessions Trial No. 29 of 2003 (Case Crime No. 109/02, under Sec. 25 Arms Act), and for the accused Ajaypal under Sessions Trial No. 31 of 2003, Case Crime No. 125 of 2002, under Sec. 25 Arms. Act); these proceedings were based on the charge sheets submitted to the court by the police of Police Station Deoria Kalan, District Pilibhit. Since all the above cases are related to the same prosecution and the entire prosecution evidence has been presented by the prosecution in the case file pertaining to Sessions Trial No. 28 of 2003, (State vs Jugendra Singh & Ors).

(2.) Vide judgment and order dtd. 28/2/2008 passed by Additional Sessions Judge/Fast Track Court No. 2, Pilibhit, the charges levelled against accused persons Ahalkar, Awadhjesh Gujar and Pawan Kumar U/s 364A, 302 and 201 IPC and separate charge sheet submitted against accused Awadhesh U/s 25 of the Arms Act were not substantiated by the evidence available on record and in absence of solid and credible evidence, the accused persons Ahaklar, Pawan Kumar, Awadhesh Gujar were acquitted of the charges levelled against them having been given benefit of doubt. The accused Ajaypal was found guilty U/s 364A, 302 and 201 IPC as well as charge U/s 25 of the Arms Act. Hence the instant appeal is preferred by accused/appellant Ajaypal only.

(3.) Heard Sri Abhishek Kumar Jaiswal, Advocate appointed by High Court Legal Services Committee, Sri Pawan Kumar Srivastava, learned AGA for the State and perused the trial court record and also judgment of the trial court.