State Of U.P. vs Ram Kishan & Another
2018 Latest Caselaw 1623 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 15
 

 
Case :- GOVERNMENT APPEAL No. - 3520 of 2008
 

 
Appellant :- State Of U.P.
 
Respondent :- Ram Kishan & Another
 
Counsel for Appellant :- Govt. Advocate
 

 
Hon'ble Dinesh Kumar Singh-I,J.

Heard Km. Meena learned A.G.A. for the State.

This application has been filed by the State of U.P. with the prayer that leave to appeal may be granted against the judgment and order dated 25.01.2008 passed by Smt. Rama Jain, Learned Additional Sessions Judge/Special Judge (CBI), Anti-Corruption Act, U.P. (Purva), Ghaziabad in Sessions Trial No.498 of 2005  whereby the respondents have been acquitted for the offence punishable under sections 323 read with section 34, 325 read with section 34 and 308 read with section 34 IPC, P.S. Sahibabad, District Ghaziabad.

Learned A.G.A. argued that in the present case the injured himself has deposed before the court below that the three accused had assaulted namely, Ram Kishan had assaulted him with 'Lathi' and other accused Likkhi had assaulted him with stick and third accused Anand had assaulted with an axe and after receiving injuries he fainted. Doctor has been examined as PW5 who has proved that the injured had received one lacerated wound bone deep measuring 8cm x 2cm at the head which extended upto the forehead and further stated that the said injury was of serious nature. The trial court has disbelieved the statement of the injured. It is possible that other injuries allegedly caused by co-accused might not have been noticed by the doctor, hence the statement of the injured appears to have been wrongly disbelieved.

I have carefully perused the impugned judgment and order of the acquittal passed by the court below.

So far as the acquittal of the accused-respondents is concerned, it appears that the findings of acquittal of the accused respondents requires consideration. Therefore, the leave to appeal is granted.

The application is allowed.

Accordingly, the Government Appeal is admitted as against the accused-respondents.

Issue bailable warrants to the accused-respondents through CJM concerned returnable within four weeks from today. In case the accused-respondents are arrested or appear before the court of CJM concerned, they may be released on bail upon furnishing personal bonds and two sureties each in the like amount to the satisfaction of the Magistrate concerned and further on the undertaking that they shall appear before this Court on 31.08.2018. The bail papers of the accused-respondents shall be transmitted to this Court to be placed on record after retaining the photocopy of the same.

Lower court record be summoned at an early.

List this matter on 31.08.2018.

On the said date the accused-respondents shall remain present before this Court.

Order Date :- 20.7.2018

AU