Gaffer Alias Kana VS State of U. P.

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

SUNITA AGARWAL, VIKAS KUNVAR SRIVASTAV
Gaffer Alias Kana – Appellant
Versus
State of U. P. – Respondent

Advocates:
Advocate Appeared:
For the Appellant : A.V. Chaurasia, Amit Daga, D.S. Khan, Pawan Singh Pundir
For the Respondent: Pankaj Bharti

Table of Content
1. overview of case and procedural details. (Para 1 , 3)
2. circumstances leading to fir and discovery of the body. (Para 4 , 21 , 28)
3. prosecution burden not met with definitive evidence. (Para 57 , 61 , 70)
4. prosecution failure to establish guilt leads to acquittal. (Para 82)
5. final decision rendered in favor of appellants. (Para 85 , 87 , 88)

JUDGMENT :

Sunita Agarwal, J.

1. Heard Diwan Saifullah Khan learned counsel for the appellants in both the connected appeals, Sri Pankaj Bharti learned counsel for the first informant and Sri Patanjali Mishra learned A.G.A. for the State-respondents.

2. At the outset, it may be noted that the appellant No.1 Gaffar @ Kana son of Niaz Ali had died and the appeal on his behalf has been abated. The appeal, thus, survives on behalf of three appellants namely Imran, Farman and Buddhu.

3. The present appeal is directed against the judgement and order dated 03.11.2014 passed by the Additional Sessions Judge, Court No.15, Muzaffar Nagar in S.T. No.842 of 2011 arising out of Case Crime No.17 of 2011 under Section 364 , 302, 201 IPC, P.S. Thana Bhawan, District Muzaffar Nagar connected with S.T. No.843 of 2011 arising out of Case Crime N