S.C.AGARWAL, J. - (1.) EARLIER , the leave to appeal was refused and appeal was dismissed vide order dated 23.7.2001 passed by a Division Bench of this Court consisting of Hon'ble O.P. Garg, J and Hon'b'le Onkareshwar Bhatt, J. Order dated 23.7.2001 was challenged by State of U.P. before the Supreme Court by means of Criminal Appeal No. 896 of 2002, which was allowed by the Apex Court vide order dated 13.6.2008 and the Apex Court held that leave to appeal ought to have been granted by the High court and the High Court was directed to hear the appeal on merits.
(2.) THIS Government Appeal has been preferred against the judgement and order dated 13.10.1998 passed by Sessions Judge, Shahjahanpur acquitting the accused-respondent in Sessions Trial No.536 of 1997, under Section 302 IPC arising out of Case Crime No.119 of 1997, P.S.Tilhar, district Shahjahanpur. The incident took place on 25.4.1997 at about 10 A.M. in Mohalla Hindu Patti, P.S Tilhar, District Shahjahanpur. First Information Report was lodged on the same day at 11 A.M at P.S Tilhar by the complainant Ashfaq P.W.1, the son of deceased Smt. Sappo.
(3.) THE prosecution case, in nutshell, is that sister of the complainant Ashfaq was married with Guddu- the brother of accused-respondent Nanhe. Smt. Sappo ( deceased) had given a house to Guddu for residence but Guddu used to harass his wife. On this account, the sister of the complainant left the house of Guddu and had gone to her elder sister Faiyyazi at Shahjahanpur. On 25.4.1997, Guddu asked for a bucket from Smt. Sappo but she refused to provide him the same. Guddu felt insulted and narrated the incident to his brother Nanhey (respondent). On the same day at about 10 A.M., the complainant Ashfaq (P.W.-1), his brother Anwar (P.W.-2) and deceased Smt. Sappo were going on a Rickshaw to bus station for onwards journey to Shahjahanpur. When their Rickshaw reached in front of the mosque, situated near Bulaqi Das Inter College, Nanhey stopped the Rickshaw and told Sappo that she had insulted his brother and would have to face the consequences. Ashfaq, Anwar and Smt. Sappo alighted from the Rikshaw to save their lives but Nanhe caught hold of Smt. Sappo and shot her dead.;