JUDGMENT

S.A. Bobde, J.

Criminal Appeal No.827 of 2011 is filed by P.W. 1 (Himanshu Mohan Rai) and the same is directed against the acquittal of respondent No.2 - Imran Afreen. The Sessions Court convicted the respondent-accused under Section 302 of the Indian Penal Code, 1860 (hereinafter referred to as the `IPC') for the murder of the deceased, Lalit Mohan Rai. He was sentenced to life imprisonment along with a fine of Rs. 50,000/- by the Sessions Court. The High Court set aside the judgment of the Sessions Court and acquitted the respondent-accused. The State of Uttar Pradesh has also preferred Criminal Appeal No.829 of 2011 against the acquittal.

The FIR

2. The incident took place on 01.01.2005 between 20:30 - 21:00 hours in front of Hotel Shalimar which belonged to the deceased and his brother. The FIR was registered on the same day at 23:05 hours by one, Himanshu Mohan Rai (P.W.1), the brother of deceased. According to the FIR, the offence was committed by Imran Afreen, and two of his accomplices whose names and addresses were unknown at the time of the reporting of the offence. The informant reported that at about 20:30 hours, a waiter from his hotel, namely Manoj Kumar Singh al