Krishna Pratap Singh, J.

1. The argument of this case was concluded on 02.6.2017. We then passed the following order:

"Heard lerned counsel for the appellant and learned AGA for the State.

We will give reasons later. But we are making the operative order here and now.

The appeal is allowed. Imugned judgment and order dated 25.4.2006 passed by learned Sessions Judge, Shahjahanpur in Sessions Trial No. 572 of 2005 (State Vs. Ninu Singh) arising out of Case Crime No. 21 of 2005, under section 302 IPC, Police Station Sehramau South, District Shahjahanpur is hereby set aside. The appellant is acquitted of all the charges.

The appellant namely Ninu Singh is on bail. He need not surrender. His bail bonds are cancelled and his sureties discharged. However, he will comply with the provisions of Section 437-A Cr.P.C."

2. Here are the reasons: This criminal appeal has been filed against a judgement and order dated 25.4.2006 passed by the learned Sessions Judge, Shahjahanpur in ST No. 572 of 2005 arising out of crime No. 21 of 2005 whereby the accused-appellant has been convicted and sentenced to life imprisonment under section 302 IPC, police station Sehramau South, district Shahjahanpur.

3. In short compass, the facts giving rise to the instant appeal are that on 08.2.2005 at 4.00 PM a written report was handed over by the informant-Yakoob (Ext. Ka-1) at the police station Sehramau South, Shahjahanpur to the effect that on the same day his younger sister-in-law (Bhabhi) Smt. Zahida wife of late Rafi had gone to the field to whittle sugarcane. After a while, he had also gone to whittle sugarcane. On hearing the noise at the tubewell of Sushil Thakur, when he reached there, he saw that in the field of wheat belonging to Sushil Thakur, Ninu, son of Vijay Kumar, resident of his village, was sitting on Zahida and assaulting her with knife. When he made hue and cry, several persons of the village arrived there. On seeing them, the accused ran away from the spot with the knife. The incident took place at 10.00 AM. When the complainant and other villagers went near the spot, his sister-in-law was dead.

4. On the basis of the aforesaid written report, a case was registered at crime No. 21 of 2005, under section 302 IPC against the sole accused Ninu Singh.

5. After registration of the case, the investigation of the case was entrusted to SI Om Pal Singh, PW-3, who inspected the spot and prepared inquest report of the dead body (Ext.Ka-4), photo lash (Ext. Ka-5) and letter to Chief Medical Superintendent (Ext. Ka 7). Thereafter, the investigating officer has recorded the statement of the first informant-Yakoob and on his pointing out, he prepared the site plan in his handwriting and signature, which he proved as (Ext. Ka-8). He collected the plain and bloodstained earth and prepared their memos in his handwriting and signature on which he also got the signatures of the witnesses, which he proved as (Ext. Ka-9). He also took in possession the clothes of the victim and prepared their memos. This witness has further deposed that except bra, there was no other cloth on the body of the deceased. Beside the body of the deceased, one black bloodstained muffler and one bloodstained jacket of the accused were also lying, which were taken in possession and their (Fards) memos were prepared, which he proved as Ext. Ka-11.

6. Till 09.2.2005, the investigation was conducted by this witness PW-3 SI Om Pl Singh. Thereafter the investigation was conducted by Station Officer Sehramau South Shri Subedar Singh, who after recording of the statement of PW 2 Abrar Ali and other witnesses and after completing the investigation, submitted the charge sheet against the accused (Ext. Ka-12), under section 302 IPC.

7. Since the matter was exclusively triable by the court of Sessions, learned Magistrate committed the case to the court of sessions on 10.6.2015 where the case was registered as ST No. 572 of 2005. On 24.6.2005, charges were framed against the accused N