Mohd Rafiq vs Abdul Shakoor And Others
2022 Latest Caselaw 487 ALL

Citation : 2022 Latest Caselaw 487 ALL
Judgement Date : 4 April, 2022

Allahabad High Court

Mohd Rafiq vs Abdul Shakoor And Others on 4 April, 2022

Bench: Dinesh Kumar Singh




HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 12
 

 
Case :- CRIMINAL REVISION No. - 400 of 1988
 

 
Revisionist :- Mohd Rafiq
 
Opposite Party :- Abdul Shakoor And Others
 
Counsel for Revisionist :- Kr.Shanti Prakash,M. Rakesh
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Dinesh Kumar Singh,J.

1. This criminal revision was filed in the year 1988 against the judgment and order dated 23.08.1988 passed by the IInd Additional Sessions Judge, Lucknow in Sessions Trial No.76 of 1983. The learned Sessions Court had acquitted the accused-respondents of charges levelled against them under Section 147 IPC and 302 IPC read with Section 149 IPC and Section 307 IPC read with Section 149 IPC. One of the accused-respondent, Mohd. Siddique was also acquitted of charges under Sections 147, 302 and 307 IPC, but he was convicted under Section 304-A IPC and sentenced for one year rigorous imprisonment with file of Rs.5,000/-.

2. The incident allegedly took place on 22.11.1982. Almost 40 years have gone-by since the date of incident. The trial Court after marshaling the facts, analyzing the evidence, brought on record, had come to the conclusion that it was a case of rash driving by accused Mohd. Siddique.

3. I have gone through the impugned judgment passed by the trial Court and I am not of the view that the trial Court had committed any error of law in appreciating the evidence and coming to the conclusion of acquitting all the accused except for accused, Mohd. Siddique, who was found guilty for offence under Section 304-A and sentenced him for one year rigorous imprisonment with fine stipulation.

4. This revision has not yet been admitted. This Court except for issuing notice and summoning lower record, there is no order of admission. It is also important to mention here that Criminal Appeal No.551 of 1988 filed by respondent, Mohd. Siddique had already been decided on merit in the year 2002 and, thus, this revision fails, which is hereby dismissed.

Order Date :- 4.4.2022

MVS/-