State Of U.P. vs Uttam Kumar & 3 Ors,.
2014 Latest Caselaw 6686 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 7
 

 
Case :- U/S 378 CR.P.C. No. - 23 of 2010
 

 
Applicant :- State Of U.P.
 
Opposite Party :- Uttam Kumar & 3 Ors,.
 
Counsel for Applicant :- Govt. Advocate
 
Counsel for Opposite Party :- Arun Kumar Shukla
 

 
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 the judgement and order dated 13.10.2009 passed by learned Addl. Sessions Judge/ FTC-2, Lakhimpur Khari in S.T. No. 823 of 2003 whereby the accused respondents have been acquitted for the offence punishable under sections 307/34, 323/34, 506 IPC.

From the perusal of the record and lower court record it reveals that the FIR of this case has been loded on 27.10.1996 at 4.00 P.M. in respect of the incident alleged occurred  on 27.10.1996 at 10.30 A.M. It is alleged that in the said incident Uttam Kumar, Brij Kishore, were armed with guns and accused respondents Sri Prakash and Omkar  were armed with Lathi. The accused respondents Uttam Kumar and Brijesh Kumar discharged the shots causing the injury to the Surendra, Vijay Prakash, Pramod Kumar and Saddiq. The accused respondents who were armed with lathi also caused injury. At the stage of the trial, six witnesses have been examined in which  P.W. 1 Parshan Lal who is first informant of the alleged incident has been examined, the P.W. 2 Suredra Kumar, P.W. 3 Vijay Prakash and P.W. 4 Pramod Kumar who are injured witnesses  have been examined as eye witnesses. The injured Vijay Prakash and Pramod Kumar who were eye witnesses of the alleged incident have been declared hostile. According to the medical examination report the injured Surendra had sustained a fire arm wound of entry on pace medial aspect of the right leg and fire arms wound of entry below the injury No. 1. The injured Vijay Prakash had sustained six injuries caused by hard and blunt object. The injured Pramod Kumar  has sustained two abrasions  and one black spot on front of the abdomen, the injured Saddiq had sustained block spot on the left thigh. The trial court has considered all evidence available on the record, there is no mis reading of the evidence. The finding recorded by the trial court is a possible view, it does not require any interference by this court, therefore, leave to appeal is refused.

Accordingly this application is dismissed.

Order Date :- 19.9.2014

RPD/Leave to appeal

Case :- U/S 378 CR.P.C. No. - 23 of 2010

Applicant :- State Of U.P.

Opposite Party :- Uttam Kumar & 3 Ors,.

Counsel for Applicant :- Govt. Advocate

Counsel for Opposite Party :- Arun Kumar Shukla

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 leave to appeal has been dismissed today, this appeal is also dismissed.

Let lower court record may be returned to the court concerned forthwith.

Order Date :- 19.9.2014

RPD/Appeal