State Of U.P. vs Sumitram @ Bateshwar
2014 Latest Caselaw 3372 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 7
 

 
Case :- U/S 378 CR.P.C. No. - 85 of 2013
 

 
Applicant :- State Of U.P.
 
Opposite Party :- Sumitram @ Bateshwar
 
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 for granting the leave to appeal has been filed against the judgement and order dated 31.1.2013 passed learned Addl. Sessions Judge, Court No. 7, Hardoi in S.T. No. 300 of 2012 whereby the accused respondent has been acquitted for the offence punishable under section 436 IPC.

From the perusal of the impugned judgment and lower court records it reveals that in the present case the FIR has been lodged by Ram Kishun, P.W. 1 on 22.3.2012 at 6.20 PM in respect of the incident allegedly occurred at unknown time. At the stage of the trial P.W. 1 has stated that he was not present at the time of commission of the alleged offence. P.W. 2 Puttan stated that he was informed by P.W. 3 in respect of the incident  and P.W. 3 remains eye witness. There are material contradiction  and their testimony also. The FIR is too much delayed, the enmity is admitted and there is no mis-reading of evidence. The view taken by the trial court is a possible view. In such circumstances, the findings of the acquittal recorded by the trial court does not requires any interference by this court. Therefore, prayer for granting the leave to appeal is refused.

Accordingly this application is rejected.

Order Date :- 18.7.2014

RPD/Leave to appeal

Case :- U/S 378 CR.P.C. No. - 85 of 2013

Applicant :- State Of U.P.

Opposite Party :- Sumitram @ Bateshwar

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.

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

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

Order Date :- 18.7.2014

RPD/Appeal