State Of U.P. vs Satish Chandra And Others
2021 Latest Caselaw 8655 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 76
 

 
Case :- GOVERNMENT APPEAL No. - 268 of 2008
 

 
Appellant :- State of U.P.
 
Respondent :- Satish Chandra And Others
 
Counsel for Appellant :- R.P.Dubey,A.G.A.
 

 
Hon'ble Subhash Chandra Sharma,J.

Heard learned A.G.A. for the State and perused the record.

It is submitted that in this case learned trial court has passed the judgment and order dated 15.09.2000 acquitting accused Satish Chandra, Gopal and Ramai under Section 3 R.P.U.P. Act, is illegal and perverse. Learned trial court has not based its finding on evidence on record. Therefore, it is requested to grant leave for appeal.

Perusal of record shows that in this case 10 sleepers alleged to have been taken to the compound of sawmill but 12 sleepers were recovered from the said compound. There is no explanation of 2 extra sleepers at all. No any mark of identification was found on the sleepers indicating that they belonged to railway property. It has also not been brought on record by the prosecution anywhere that these sleepers were taken to the compound of sawmill. All these facts were taken into consideration while passing the judgment and order in question by the learned trial court and acquitting the accused persons of the charges levelled against them. There appears no illegality or perversity in passing the judgment.

In view of the above facts and circumstances of the case, this court is of the view that there is no ground to grant leave for appeal in this case. Hence, application for granting leave is hereby, rejected.

Accordingly, the appeal is also dismissed.

Order Date :- 26.7.2021

Ashok Gupta