- (1.) HEARD learned Counsel for the State.
(2.) THIS application for leave to appeal has been moved against judgment and order dated 29.03.2011 passed by learned Additional Sessions Judge, Court No. 1, Sultanpur in Sessions Trial No. 305 whereby Respondents, namely, Alok Kumar Singh alias Mantu Singh and Shashank Shekhar Singh alias Munnu Singh have been acquitted from the charges levelled against them under Sections 302 & 307 IPC. We have gone through the judgment of the court below. As per prosecution case the incident had taken place on 06.05.2003 at about 05.00 pm and FIR of which had been lodged on the same day at about 08.20 pm. The complainant, who has been examined as PW -1, had supported the prosecution story alleging that on the said date when she along with her grandsons, namely, Shivakant and Umakant was going to call barber (naun) the Respondents came on the way and started firing upon them due to which Shivakant Tiwari received firearm injury on his temporal region and fell down on the ground and died on the spot. Argument advanced by learned Counsel for the State is that in spite of being eye -witness of the incident, testimony of PW -1 has been discarded on flimsy ground. Even brother of the deceased, namely, Umakant Tiwari, who is also an eye witness and examined as PW -5, stated that he is unable to give evidence for the reason that he has been threatened by the accused persons not to say anything against them. Further argument is that merely on this basis, the testimonies of eye -witnesses (PW -1 & PW -5) have been discarded.
(3.) WE find substance in the argument of learned Counsel for the State.;