Krishna Prasad Mishra vs State Of U.P.And 12 Ors.
2022 Latest Caselaw 1408 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 12
 

 
Case :- CRIMINAL REVISION No. - 147 of 2005
 

 
Revisionist :- Krishna Prasad Mishra
 
Opposite Party :- State Of U.P.And 12 Ors.
 
Counsel for Revisionist :- Sampurnanand
 
Counsel for Opposite Party :- Govt.Advocate,S.K.Pandey
 

 
Hon'ble Dinesh Kumar Singh, J.

1. Heard learned counsel for the revisionist and the learned AGA.

2. The present revision has been filed against the judgement and order dated 22.12.2004 passed by the Additional Sessions Judge/Fast Track Court-III, Pratapgarh in Session Trial No.312 of 2002, arising out of Case Crime No.104 of 2000, under Sections 307,147,148, 336, 323, 325, 504, 506 IPC, Police Station Baghrai, District Pratapgarh, whereby the trial court had acquitted accused-respondent nos.3 to 5 and 8 to 13 for the aforesaid offences and convicted accused-respondent nos.2, 6 and 7 for the offence under Section 323 IPC.

3. The incident allegedly took place in the year 2000. The judgment and order of the trial court is dated 22.12.2004. This revision was filed in the year 2005 and thus, it has remained pending for the last 17 years.

4. The trail court after considering the prosecution case, evidence lead by the parties and the submissions advanced on behalf of the prosecution and defence, had acquitted accused-respondent nos.3 to 5 and 8 to 13 for the aforesaid offences and convicted accused-respondent nos.2, 6 and 7 for the offence under Section 323 IPC. Therefore, this Court is of the view that the trial court has not committed any error of law, facts or evidence for which it requires any interference with the finding of facts recorded by the trial court in exercise of its revisional power under Section 397 read with Section 401 Cr.P.C.

5. In view thereof, the present revision has no force. It is accordingly dismissed.

Order Date :- 25.4.2022

Rao/-