BISHAMBHAR Vs. STATE OF U.P.

JUDGEMENT

(1.) The arguments of this appeal concluded on 16.5.2017, we then made the following order:- Heard Sri Satya Praksh Srivastava, learned counsel for the appellant and Sri Saghir Ahmad, learned A.G.A. assisted by Smt. Manju Thakur, brief holder for the State. We will give reasons later, but we make the operative order here and now. This criminal appeal is allowed. The impugned judgement and order dated 25.2.1988 passed by the 1st Additional Sessions Judge, Farrukhabad in S.T. No. 318 of 1980, convicting and sentencing the appellant under Section 302 IPC, Police Station Mau Darwaza, District Farrukhabad to undergo life imprisonment is hereby set aside. The appellant is acquitted of all the charges framed against him. Appellant is on bail, he need not surrender. His bail bonds are cancelled and his sureties are discharged subject to his complying with Section 437-A Cr.P.C. There shall be however no order as to costs."

(2.) Here are the reasons upon which we set aside the impugned judgement and order:

(3.) This criminal appeal has been preferred by the appellant Bishambhar against the judgement and order dated dated 25.2.1988 passed by the 1st Additional Sessions Judge, Farrukhabad in S.T. No. 318 of 1980, convicting and sentencing the appellant under Section 302 IPC, Police Station Mau Darwaza, District Farrukhabad to undergo life imprisonment.