State Of U.P. vs Hargovind S/O Vijay Singh Pal
2023 Latest Caselaw 36446 ALL

Allahabad High Court

State Of U.P. vs Hargovind S/O Vijay Singh Pal on 22 December, 2023

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 


?Neutral Citation No. - 2023:AHC:243006
 
Court No. - 84
 

 
Case :- CRIMINAL APPEAL No. - 9035 of 2022
 

 
Appellant :- State of U.P.
 
Respondent :- Hargovind S/O Vijay Singh Pal
 
Counsel for Appellant :- Shiv Kumar Pal
 
Counsel for Respondent :- Surendra Sharma,Bhanu Pratap Singh
 

 
Hon'ble Mrs. Sadhna Rani (Thakur),J.
 

Heard learned AGA for the State on the admission.

Learned counsel for opposite party no. 2 has not put in appearance despite of sufficient service.

This appeal is being preferred on behalf of the State of U.P., appellant against the impugned judgment and order of acquittal of the accused-respondent dated 24.05.2022 passed by Indu Dwivedi, learned Special Judge, SC/ST Act, Jhansi, passed in Special Session Trial No. 48 of 2011 (State of U.P. Vs. Hargovind Pal), arising out of Case Crime No. 392 of 2008, under Sections 325, 323, 504, 506 I.P.C. and Section 3(1)10 SC/ST Act, Police Station- Airach, District- Jhansi, passed in Special Session Trial No. 48 of 2011, (State of U.P. Vs. Hargovind Pal).

As per FIR, there is allegation that the opposite party no. 2 abused the first informant using caste based words thrashed him and gave a threat of life to the first informant. On the hue and cry of the first informant, witnesses came and rescued the first informant.

From perusal of judgment, it is found that none of the witnesses of fact has supported the version of the first informant. The first informant himself has denied use of caste based words against him. He himself has stated that when he was assaulted with lathi by the accused, he caught hold of that lathi and fell down. On the fall, his wrist got fractured. Witnesses came who saw the incident and saved him. Thus, the first informant himself stated that no caste based words were used by the accused nor the fracture was caused due to the assault of the present accused rather this fracture in his wrist was caused when he fell down on the floor, at the time of catching hold of the lathi which was in the hands of the accused. The simple allegation remained against the accused as per the statement of PW-1 is single assault of lathi by the accused in front of witnesses and the witnesses have denied to witness any such incident.

The oral statement of single blow of lathi on the informant not supported by the witnesses has not been considered reliable by the trial court. In the light of the evidence on record, I do not find any merit in the argument of the learned AGA. The argument made by learned AGA does not inspire the confidence of the Court.

The prayer regarding admission of the appeal is hereby rejected and the appeal is dismissed at the stage of admission itself.

Order Date :- 22.12.2023

Anjali