BALA KRISHNA NARAYANA, ARVIND KUMAR MISHRA-I,JJ. - (1.) The arguments of this case concluded at the close of the Court hours on 24.04.2017. We then made the following order: "Heard Sri Amit Kumar Singh, learned counsel for the appellant and Sri A.N. Mulla, learned counsel for the respondent. We will give reasons later but we make the operative order now. The appeal is allowed. Impugned judgment and order of conviction dated 18.04.1988 passed by Vth Upper Sessions Judge, Muzaffar Nagar, in Sessions Trial No. 363 of 1986, convicting and sentencing the appellant Janardan to undergo life imprisonment u/s 302 I.P.C. is hereby set aside. Appellant is acquitted of all charges framed against him. Appellant Janardan in on bail. He need surrender. His bail bonds are hereby cancelled and sureties are discharged. However, he will comply with the provisions of Section 437-A Cr.P.C. " Here are the reasons:
(2.) By way of instant criminal appeal, challenge has been made to the validity and sustainability of the judgment and order dated 18.04.1988 passed by Vth Additional Sessions Judge, Muzaffarnagar in Sessions Trial No. 363 of 1986 (State v. Janardan) , arising out of Case Crime No. 119, Police Station-Charthawal, District Muzaffarnagar, whereby the appellant-Janardan has been convicted and sentenced to undergo life imprisonment under Section 302 IPC.
(3.) Brief facts of the prosecution case, as discernible from record, are that a first information report was lodged by informant Ratan Lal son of Chhatar Kaum Tyagi, resident of Nyamoo, Police Station Charthawal, district Muzaffar Nagar, at police station Charthawal on 21.8.1986 around 9:15 A.M. against present appellant-Janardan with the allegation that there was some dispute regarding partition of family property between nephew of informant-Krishna and grandson of informant-Janardan. Today at about 6:00 A.M. accused Janardan called his father Krishna and went inside the room. After some time, some noise/sound from inside the room echoing "Bachao Bachao" (savesave) was heard whereupon, the informant in company with other persons (Rahatu, Sewaram, Ramnath and nephew Uday Singh) immediately rushed to the spot, where they saw Janardan running away through the door of the room possessing sharp edged weapon in his hand. On reaching to the place of the incident, they noticed neck of Krishna cut with incised wound due to which there was bleeding and Krishna had expired. It was asserted that informant's nephew has been killed by his son Janardan. The dead body is lying on the spot. Report be lodged and action be taken.;