Ifaqat Ali Khan, J. - (1.) Heard Sri. Rahul Srivastava appearing for the State of U.P., Sri. Nazrul Islam Jafri, Shri Raj Rishi Gupta and Shri Hare Ram Tripathi for learned counsel for the respondents.
(2.) This Government Appeal No. 2025 of 1988 (State v. Peera and Others) is filed by the State to set aside the judgment and order dated 11.05.1988 passed by Sessions Judge Sahjahanpur in Sessions Trial No. 118 of 1986 (State v. Peera and others) by this impugned judgment dated 11.05.1988 all the accused namely Peera, Mod. Ali and Asif were acquitted of the charges under Sections 307/34 IPC and 302/34 IPC. Respondent Mohd. Ali has expired during the pendency of this appeal.
(3.) This appeal is preferred against the impugned judgment on the grounds that order of acquittal is wholly erroneous and illegal against the weight of evidence on record. There was nothing suspicious about the FIR and the court below has erred in law by doubting the genuineness of F.I.R. Witness examined by prosecution are independent and reliable, contrary view taken by the Trial Court is erroneous. FIR was not Ante-time and the court's view is against the record, the court below has erred in law by holding that the defence version was more probable. Presence of witness on the spot was fully established and proved and the contrary view is erroneous. Motive of committing the murder of Rajendra was fully established and proved and contrary view taken by the Trial Court is against the record. There was nothing suspicious about inquest report and contrary view is erroneous. The defence version including the alleged alibi was an after thought. The court below has erred in law by holding the defence version more probable.;