- (1.) Heard learned A.G.A. for the State appellant/applicant and perused the material on record.
(2.) This application has been filed by the State appellant/applicant with the prayer that leave to appeal may be granted against the judgement and order dated 11.4.2016, passed in Sessions Trial No. 153 of 2013, State versus Mahboob and others, arising out of Case Crime No.78 of 1997, under Sections 147,302/34,120-B I.P.C, P.S. Wazirganj, District Budaun whereby the accused respondents have been acquitted for the offence punishable under the section referred to above.
(3.) A perusal of the record shows that informant Sayed Nizakat Ali had given an application on 3.4.1997 at the concerned police station stating that his nephew Rafat Ali alias Bhoora had gone to his tubewell as usual in the evening to sleep there and when he did not return back in the next morning till 7-8 a.m on 3.4.1997 then he along with his other nephew Arshad Ali and brother in law Tahir Ali went to search out Rafat Ali at the tubewell but he was not found there. Thereafter, they proceeded towards Khera and they saw a crowd assembled there. He reached there and found the dead body of Rafal Ali alias Bhoora lying with his neck was severally cut. Hence, the F.I.R was lodged.Thereafter investigation commenced and during the course of investigation the Sub-Inspector of police Puttu Lal arrested the accused. The informant PW-1 Sayed Nizakat Ali stated in his statement that about 2-3 years ago, his nephew Rafat Ali alias Bhoora had got the opium recovered from the possession of one Kapasi, due to this reason he was bearing enmity against the deceased and as such his nephew was done to death by the accused-persons namely Rahmat Ali, Arjun alias Gabada, Mahboob, Savbir, Ram and Kapasi.;