Deepak vs State Of U.P. And Another
2021 Latest Caselaw 8645 ALL

Citation : 2021 Latest Caselaw 8645 ALL
Judgement Date : 26 July, 2021

Allahabad High Court

Deepak vs State Of U.P. And Another on 26 July, 2021

Bench: Rahul Chaturvedi




HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 67
 

 
Case :- CRIMINAL APPEAL No. - 1085 of 2021
 

 
Appellant :- Deepak
 
Respondent :- State of U.P. and Another
 
Counsel for Appellant :- Apul Misra
 
Counsel for Respondent :- G.A.
 

 
Hon'ble Rahul Chaturvedi,J.

Counter affidavit filed by learned A.G.A. as well as learned counsel for the opposite party no.2 today in the Court is taken on record. Learned counsel for the appellant does not propose to file any rejoinder affidavit and wants to argue on the merit of the case.

Heard learned counsel for the appellant, learned counsel for the complainant as well as learned A.G.A.

The present criminal appeal has been preferred against the judgment and order dated 25.01.2021 passed by learned Special Judge, SC/ST Act, Bijnor in case crime no.375 of 2020 under Section 302, 201 and 404 IPC and Section 3(2)5 SC/ST Act, Police Station-Nehtaur, District-Bijnor.

Contention raised by learned counsel for the appellant is that the entire prosecution case hinges upon the broken links of the circumstantial evidence of the material collected during investigation and are not confidence generating to indict the applicant in the commission of the offence.

Per contra, learned counsel for the complainant has clearly indicated that though, this is the case of circumstantial evidence but adding the material in a linear way clearly indicates the involvement of the appellant in the commission of the offence. There is recovery of mobile phone of deceased from the appellant. All these factors are taken into account and other materials on record coupled with the fact that the deceased has died on account of strangulation.

Under the circumstances, I do not find any illegality or perversity in the order passed by learned Special Judge, SC/ST Act, Bijnor dated 25.01.2021.

Hence, the present appeal is devoid of merit and accordingly, stands dismissed.

In the event, copy of this order may be provided to learned trial Court within 15 days from today, it is expected from the learned trial court to gear up the matter and make necessary endeavour to conclude the trial within one and half years provided the appellant fully cooperates in early conclusion of the trial.

Order Date :- 26.7.2021

Sumit S