State Of U.P. vs Chander & Ors.
2014 Latest Caselaw 2405 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 7
 

 
Case :- U/S 378 CR.P.C. No. - 71 of 2012
 

 
Applicant :- State Of U.P.
 
Opposite Party :- Chander & Ors.
 
Counsel for Applicant :- Govt. Advocate
 

 
Hon'ble Ravindra Singh,J.

Hon'ble Vishnu Chandra Gupta,J.

Heard learned A.G.A. and perused the lower court record.

This application has been filed with a prayer to grant the leave to file the appeal against the judgement and order dated 18.2.2012 passed by learned Additional Sessions Judge, Court No. 9, Barabanki in S.T. No. 1356 of 2009 whereby the accused respondents have been acquitted for the offence punishable under sections 307, 506 IPC.

From the perusal of the record it reveals that in the present case the accused respondents Chander, Banshi and Vidya Sagar were charge sheeted but at the stage of the trial the accused respondent Kamlesh Kumar was summoned in exercise of power conferred under section 319 Cr.P.C. In support of the prosecution version five witnesses have been examined. P.W. 1 Guddu is an injured, he has sustained three injuries. According to the  deposition of P.W. 2 Dr. V.K. Srivastava all injuries may be result of explosion, the injuries may not be caused by fire arms. In support of the prosecution version no other independent witness has been examined. The trial court has extended the benefit of doubt to the accused respondents. The trial court has considered all the evidence available on the record. There is no mis-reading of the evidence also. The view taken by the trial court for acquitting the accused respondents is a possible view, it does not require any interference by this court, therefore, the prayer for granting the leave to appeal is refused.

Accordingly this application is dismissed.

Order Date :- 2.7.2014

RPD/Leave to appeal

Case :- U/S 378 CR.P.C. No. - 71 of 2012

Applicant :- State Of U.P.

Opposite Party :- Chander & Ors.

Counsel for Applicant :- Govt. Advocate

Hon'ble Ravindra Singh,J.

Hon'ble Vishnu Chandra Gupta,J.

Heard learned A.G.A. and perused the lower court record.

The application for granting the leave to appeal has been dismissed today, therefore, this appeal is also dismissed.

Let the lower court record be sent back to the court concerned forthwith.

Order Date :- 2.7.2014

RPD/ Appeal