By the Court.—The arguments of these cases concluded on 16.8.2016. Following order was passed by us on that date:

“Heard Sri Manish Tiwary and Sri A.K. Awasthi, learned counsel for the appellant, learned AGA Sri Saghir Ahmad assisted by Sri J.K. Upadhya, Smt. Manjoo, learned brief holders for the State in Criminal Appeal No. 1995 of 2014.

Learned AGA Sri Saghir Ahmad assisted by Sri J.K. Upadhya, Smt. Manjoo, learned brief holders for the State and Sri Bholeshwar, learned counsel for the accused-respondent in Government Appeal No. 2915 of 2014.

We will give reasons later but we make the operative order now.

2. The appeal is allowed. Impugned judgment and order dated 9.4.2014 passed by Sri Pawan Pratap Singh (H.J.S.), Additional Sessions Judge, Court No. 7, Fatehpur in S.T. No. 222 of 2005 (State v. Daya Ram Kurmi and another) convicting to appellant under Section 302 IPC is hereby set aside. Appellant is acquitted of all the charges framed against him. Appellant is in jail. He shall be released forthwith unless and until he is wanted in any other case.

Government Appeal No. 2915 of 2014 is dismissed.

There shall be however no order as to cost”

Here are the reasons :

3. The aforesaid Criminal Appeal No. 1995 of 2014 has been preferred by the appellant, Daya Ram Kurmi @ Juraha Kurmi against the judgment and order of conviction dated 9.4.2014 passed by Additional Sessions Judge, Court No. 7, Fatehpur, in Sessions Trial No. 222 of 2005, State v. Daya Ram Kurmi and another, arising out of Case Crime No. 89 of 2004, under Section 302 I.P.C., Police Station Bindki, District Fatehpur, whereby he has been sentenced to life imprisonment coupled with fine of Rs. 5,000/- and in default of payment of fine, he will have to suffer two months’ additional rigorous imprisonment.

4. The aforesaid Government Appeal No. 2915 of 2014 has been preferred by the State-appellant against the same judgment but pertains to order of acquittal dated 9.4.2014 passed by Additional Sessions Judge, Court No. 7, Fatehpur, in Sessions Trial No. 222 of 2005, State v. Daya Ram Kurmi @ Juraha Kurmi and another, arising out of Case Crime No. 89 of 2004 under Section 302 I.P.C., Police Station Bindki, District Fatehpur, whereby accused-respondent Puttan @ Pushpendra Kumar has been acquitted of charge for offence punishable under Section 302 I.P.C.

5. Since both the appeals referred to above, arise out of one judgment (S.T. No. 222 of 2005) pertaining to one and the same incident involving common question of law, hence the same are being heard together and decided by a common judgment.

6. Heard Shri Manish Tiwary, Sri A.K. Awasthi learned counsel for the appellant and learned AGA Sri Saghir Ahmad assisted by Sri J.K. Updhyaya Smt. Manjoo Thakur, learned brief holders for the State in Criminal Appeal No. 1995 of 2014.

7. We have also heard learned AGA Sri Saghir Ahmad assisted by Sri J.K. Updhya, Smt. Manjoo Thakur, learned brief holders on behalf of State-appellant and Sri Bholeshwar learned counsel for the accused-respondent Puttan @ Pushpendra Kumar, in Government Appeal No. 2915 of 2014 and perused the lower Court record.

8. The factual sketch of the prosecution case as emanates from record and particularly from perusal of the First Information Report appears to be; that the first informant Satya Narain Bhurji son of Suraj Deen, resident of Paradan, Police Station Bindki District Fatehpur lodged a written report at the aforesaid police station on 20.6.2004 at 4.30 p.m. regarding commission of offence of murder of his brother, Laxmi Bhurji by the accused Daya Ram Kurmi alias Juraha Kurmi-present-appellant and Puttan alias Pushpendra Kumar accused-respondent in Government Appeal No. 2915 of 2014 (in short referred to as “accused persons”) with the allegations that informant’s brother Laxmi Bhurji son of Suraj Deen was returning home after taking bath at tube-well of Ram Asrey Kurmi and had walked some paces on Pakka Road, when accused Daya Ram Kurmi @ Juraha K