STATE OF U P Vs. ZAKIR AND OTHERS

JUDGEMENT

(1.) Heard Sri Om Prakash Mishra, learned A.G.A. appearing for the State on the application seeking leave to appeal against the judgment and order dated 15.2012 by means of which the accused-respondents Zakir and Washim Akram have been acquitted in Session Trial No. 871 of 2009 under Sections 147, 148, 149, 307, 402, 467, 468, 471 IPC; accused Respondents Zakir and Washim Akram have been acquitted in Session Trial No. 872 of 2009 under Sections 411 and 414 IPC; accused-respondents Washim Akram has been acquitted in Session Trial No. 873 of 2009 under section 25/4 Arms Act; accused-respondent Punit Sharma has been acquitted in Session Trial No. 719 of 2010 under Sections 147, 148, 149, 307, 420, 467, 468 and 471 IPC; accused-respondent Punit Sharma has been acquitted in Session Trial No. 132 of 2011 under Sections 411 and 414 IPC; accused-respondent Punit has been acquitted in Session Trial No. 720 of 2010 under Section 25 Arms Act.

(2.) Keeping in view the contention as raised by learned A.G.A. at the bar of this Court and keeping in view of the grounds taken in the memo of appeal, the court proceeds to examine the matter of the case, the findings as recorded by the lower court with the purpose of verifying as to whether the findings are based on evidence on record or not. The finding and the observation of the Court are being extracted hereinbelow: <IMG border=1 align=center src="http://www.indialawlibrary.com\images\23112018-356.jpg">

(3.) Reference may be made to the recent judgment of the Apex Court rendered in the case of Bannareddy and Others. vs. The State of Karnataka & Ors, (2018) 5 SCC 790, wherein the Apex Court has held as under: