- (1.) On 23.9.2016, we after hearing learned counsel for the parties, had made the following order: "Heard Sri Sangam Lal Kesharwani, leaned counsel for the appellant and Sri J. K. Upadhyay, Sri Hasan Abdi and Km. Meena, learned AGAs for the State and perused the record of this appeal. We will give reasons later but we make the operative order now. The appeal is allowed. Impugned judgement and order dated 22.12.2008 passed by Sessions Judge, Kannauj in Sessions Trial No. 299 of 2003 (State Vs. Inspector and others) arising out of Case Crime No. 274 of 2003 convicting the appellant under Sections 302 IPC, police station- Gursahaiganj, district- Kannauj is hereby set aside. The appellant is acquitted of all the charges framed against him. Appellant is in jail. He shall be released forthwith unless and until he is wanted in any other case after complying with the provisions of Section 437-A Cr.P.C. There shall be no order as to cost."
(2.) These are the reasons upon which we set aside the impugned judgement and order: Heard Sri Sangam Lal Kesarwani, learned counsel for the appellants, Sri Sagir Ahmad, learned A. G. A. assisted by Mrs. Manju Thakur, Brief Holder appearing for the State of U. P.
(3.) This criminal appeal has been preferred by the appellant Inspector against the judgement and order dated 22.12.2008 passed by the Sessions Judge, Kannauj in S. T. No. 299 of 2003; State Versus Inspector arising out of Case Crime No. 273 of 2003; under Sections-302/34 IPC, P. S.-Gursahaiganj, district-Kannauj by which the appellant has been convicted under Sections-302/34 IPC and sentenced to life imprisonment and a fine of Rs. 5000/- and in case of default of payment of fine, additional three months' R. I.;