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2016 DIGILAW 632 (ALL)

State of U. P. (U/S- 378) v. Ramu @ Ramakant

2016-02-22

PRATYUSH KUMAR, SURENDRA VIKRAM SINGH RATHORE

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JUDGMENT C.M. Application No. Nil of 2004 Heard learned Additional Government Advocate for the State-appellant and perused the record. 2. Learned Additional Government Advocate submits that in a murder case the accused-respondents have been acquitted on the basis of minor contradictions, lapses on the part of the Investigating Agency and such technical reasons. He further submits that the occurrence took place within the market, two eye witnesses were examined on behalf of the prosecution and without any cogent reasons they have disbelieved. He further submits that dying declaration recorded by the Investigating Officer has also been discarded without any cogent reason. The impugned judgment is against the material on record and law settled by the Apex Court. 3. We have perused the lower record record. 4. On 18th October, 2002 at 6.00 PM, Ram Singh was murdered, four persons were named by his brother, weapon of murder was also recovered on the pointing out of one of the accused-respondent. From the perusal of testimonies of prosecution witnesses, we notice that the first informant P.W.1 and Raju P.W.2, both have supported the prosecution version, it was duly corroborated by the medical evidence. 5. After due consideration we find that the matter requires scrutiny by this Court. The application for leave to appeal is allowed. Leave to appeal is granted. Surendra Vikram Singh Rathore, J., Pratyush Kumar, J. State of U.P. (U/S- 378) Vs Ramu @ Ramakant & 3 Ors. U/S 482/378/407 No. - 2692 of 2004 22.2.2016 For the Petitioner : Govt. Advocate. For the Respondent : Ram Bux Rawat, Vijay Kumar Singh. Heard. Admit. Issue bailable warrant against the accused-respondents Ramu @ Ramakant, Raj Kumar, Sanjay and Hulasram executable through C.J.M. Hardoi. In case, the accused-respondents appear and apply for bail, they shall be released on bail on furnishing personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the undertaking that they shall remain present before the High Court on the date fixed. The CJM concerned is directed to furnish compliance report forthwith. Office is directed to communicate this order to the CJM concerned.