Allahabad High Court
State Of U.P. vs Babu Ram & 3 Ors. on 9 September, 2014
Bench: Ravindra Singh, Ashwani Kumar Singh
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
?Court No. - 7
Case :- U/S 378 CR.P.C. No. - 87 of 2014
Applicant :- State Of U.P.
Opposite Party :- Babu Ram & 3 Ors.
Counsel for Applicant :- Govt. Advocate
Hon'ble Ravindra Singh,J.
Hon'ble Ashwani Kumar Singh,J.
Heard learned A.G.A. And perused the lower court record.
This application for granting the leave to appeal has been filed against judgement and order dated 17.2.2014 passed by learned Addl. Sessions Judge, Court No. 7 Unnao in S.T. No. 233 of 2013 whereby the accused respondents have been acquitted for the offence punishable under sections, 304/34, 323/34 and 504 IPC.
From the perusal of the record it reveals that in the present case NCR was lodged by the deceased Kadeer on 19.4.2014 at 9.00 P.M. alleging therein that he and his son Shakeel were sitting at the door of his house, the tree of Pakariya was cutting by the accused respondents. On saying no to do, they caused injuries by using the danda blows. His son Shakeel was also beaten by danda blows. According to the medical examination report the deceased has sustained four injuries in which injuries no. 1,2, and 3 were incised wound and injury No. 4 was complaint of pain on right shoulder. According to the medical examination report of injured Shakeel he had sustained three injuries in which injury No. 1 and 3 were abrasion and injury no. 2 was complaint of pain on right and left shoulder. It is a case in which after sustaining the injuries the deceased himself has lodged the FIR, ultimately he succumbed to his injuries on 20.4.2013, thereafter the case was converted under sections 302, 323, 504 IPC. In support of the prosecution story nine witnesses have been examined. P.W. 1 and P.W. 2 are sons of the deceased, they have been examined as eye witnesses, they have supported the prosecution story. In their examination-in-chief and cross examination, they did not support the prosecution story. The trial court has considered all evidence available on the record. There is no mis-reading of the evidence also. The trial court has taken the possible view in acquitting the accused respondents, it does not require any interference by this court. The prayer for granting the leave to appeal is refused.
Accordingly this application is dismissed.
Order Date :- 9.9.2014
RPD/Leave to Appeal
Case :- U/S 378 CR.P.C. No. - 87 of 2014
Applicant :- State Of U.P.
Opposite Party :- Babu Ram & 3 Ors.
Counsel for Applicant :- Govt. Advocate
Hon'ble Ravindra Singh,J.
Hon'ble Ashwani Kumar Singh,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 :- 9.9.2014
RPD/Appeal
