State Of U.P. vs Sarvesh And Another
2021 Latest Caselaw 8671 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 48
 
Case :- GOVERNMENT APPEAL No. - 2650 of 1998
 
Appellant :- State of U.P.
 
Respondent :- Sarvesh And Another
 
Counsel for Appellant :- Govt. Advocate
 

 
Hon'ble Anjani Kumar Mishra,J.

Hon'ble Deepak Verma,J.

Heard learned A.G.A. on the question of admission.

This government appeal is directed against the judgment and order dated 03.07.1998 passed by the IInd Additional Sessions Judge, Mainpuri in S.T. No.239 of 1991 acquitting the opposite parties under Sections 323 and 304 I.P.C., P.S. Sirsaganj, District Firozabad.

The case pertains to an incident which took place on 17.10.1989 at about 7:30 pm. The first information report in this regard had been lodged on 18.10.1989 at 6:15 am. The F.I.R. is to the effect that the first informant was assaulted by the opposite parties on account of a dispute between them, regarding the partition of their shares in joint property.

It appears that subsequently, the first informant died on account of injury received by him in the altercation which took place between the parties.

There is only one witness of fact, namely, P.W. 1, Krishna Gopal.

The trial court, after discussing his oral testimony in detail, has opined that his testimony is not corroborated by any other witnesses. Moreover, the case was one of an altercation between the parties and the injuries suffered by the other side in the said altercation, was not explained by the prosecution or P.W. 1, Krishna Gopal. Therefore, P.W. 1, Krishna Gopal was found not to have come with clean hands. Disbelieving his testimony and finding the prosecution case not to have been proved, the order of acquittal has been recorded by the IInd Additional Sessions Judge, Mainpuri.

Upon hearing learned A.G.A., we do not find any material or ground for disagreeing with the order of acquittal.

Accordingly, the government appeal is dismissed.

Order Date :- 26.7.2021

Meenu