HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 45 Case :- GOVERNMENT APPEAL No. - 2013 of 1994 Appellant :- State Of U.P. Respondent :- Mahesh & Others Counsel for Appellant :- Ravindra Singh Hon'ble Vikram Nath,J.
Hon'ble Pratyush Kumar,J.
We have heard Sri Rajeev Mishra, learned A.G.A. for the State-appellant and perused the judgment of court below.
As per the first information report, the accused Mahesh, Prempal, Gulzari, Bobda, Shiv Chanran, Ram Swaroop, Tara Chandra and Babu Lal accompanied by unknown persons armed with guns, pistols, revolver and stain gun came to the house of the informant- Lala Ram. The accused Mahesh shouted that nobody should escape alive, whereupon the other accused started indiscriminate firing. Ram Ji Lal, Angoori and Khiloni are said to have died on account of the injuries sustained, whereas Rajan, Shiv Lal and Soren sustained injuries in the transaction. Ramdeen did not sustain any injury, and he is the only witness of the fact who has supported the prosecution version. Rajan and Shiv Lal, two injured, who were examined. turned hostile. The third injured Soren was not produced by the prosecution.
Considering all the facts and circumstances of the case and the material available on record, the trial court has recorded the finding of acquittal. We do not find any reason to take another view on the basis of the evidence adduced by the prosecution.
We accordingly decline to grant leave to appeal. Application is rejected and consequently the Government Appeal also fails and is dismissed.
Order Date :- 6.8.2015 Ashish Pd.