KRISHNA PRATAP SINGH,J. - (1.) The argument of this case was concluded on 02.6.2017. We then passed the following order: "Heard lerned counsel for the appellant and learned AGA for the State. We will give reasons later. But we are making the operative order here and now. The appeal is allowed. Imugned judgment and order dated 25.4.2006 passed by learned Sessions Judge, Shahjahanpur in Sessions Trial No. 572 of 2005 (State v. Ninu Singh) arising out of Case Crime No. 21 of 2005, under section 302 IPC, Police Station Sehramau South, District Shahjahanpur is hereby set aside. The appellant is acquitted of all the charges. The appellant namely Ninu Singh is on bail. He need not surrender. His bail bonds are cancelled and his sureties discharged. However, he will comply with the provisions of Section 437-A Cr.P.C."
(2.) Here are the reasons: This criminal appeal has been filed against a judgement and order dated 25.4.2006 passed by the learned Sessions Judge, Shahjahanpur in ST No. 572 of 2005 arising out of crime No. 21 of 2005 whereby the accused-appellant has been convicted and sentenced to life imprisonment under section 302 IPC, police station Sehramau South, district Shahjahanpur.
(3.) In short compass, the facts giving rise to the instant appeal are that on 08.2.2005 at 4.00 PM a written report was handed over by the informant-Yakoob (Ext. Ka-1) at the police station Sehramau South, Shahjahanpur to the effect that on the same day his younger sister-in-law (Bhabhi) Smt. Zahida wife of late Rafi had gone to the field to whittle sugarcane. After a while, he had also gone to whittle sugarcane. On hearing the noise at the tubewell of Sushil Thakur, when he reached there, he saw that in the field of wheat belonging to Sushil Thakur, Ninu, son of Vijay Kumar, resident of his village, was sitting on Zahida and assaulting her with knife. When he made hue and cry, several persons of the village arrived there. On seeing them, the accused ran away from the spot with the knife. The incident took place at 10.00 AM. When the complainant and other villagers went near the spot, his sister-in-law was dead.;