Citation : 2022 Latest Caselaw 2541 ALL
Judgement Date : 11 May, 2022
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH ?Court No. - 12 Case :- CRIMINAL REVISION No. - 104 of 2006 Revisionist :- Ram Suresh Verma Opposite Party :- State Of U.P.And 4 Ors. Counsel for Revisionist :- Raza Zaheer Counsel for Opposite Party :- Govt.Advocate Hon'ble Dinesh Kumar Singh,J.
1. No one appears on behalf of the revisionist to prosecute the case even in the revised call.
2. This revision has been filed against the judgment and order dated 30.11.2005 passed by Additional Sessions Judge, F.T.C. No.28, Barabanki in Sessions Trial No.883/97: State versus Narendra Verma & Ors; Crime No.261 of 1997, Police Station Kotwali Zaidpur, District Barabanki whereby accused-respondent Nos.2 to 5 had been acquitted of the charges leveled against them under Sections 302 IPC, and accused-respondent No.2 under Section 25 of the Arms Act.
3. The incident allegedly took place on 12.08.1997.
4. Trial Court has considered the evidence brought on record by the prosecution, and had noted that two independent witnesses, who were cited in the charge-sheet, had not been examined in the Court by the prosecution. Evidence of P.W.-1 was not an eye witness. He did not see anybody assaulting the deceased, father of the complainant. Even in the FIR, the complainant did not name anybody. The FIR could be registered against unknown persons.
5. This Court has considered impugned judgment and order passed by the learned trial Court and did not find that the trial Court has committed any error of jurisdiction, fact or evidence and law, which requires any interference by this Court in exercise of its revisional jurisdiction under Section 397 read with 401 Cr.P.C., therefore, this revision is dismissed.
(Dinesh Kumar Singh, J.)
Order Date :- 11.5.2022
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