Babu Lal Kushwaha vs State Of U.P.
2023 Latest Caselaw 953 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 87
 

 
Case :- CRIMINAL APPEAL No. - 3100 of 2008
 

 
Appellant :- Babu Lal Kushwaha
 
Respondent :- State of U.P.
 
Counsel for Appellant :- Jagdish Singh Sangar,Dileep Kumar,Rajendra Prasad Tiwari,Rajrshi Gupta,S.K. Shukla,Sunil Kumar Singh
 
Counsel for Respondent :- Govt.Advocate
 

 
Hon'ble Dinesh Kumar Singh,J.

1. Heard Sri Gaurav Kumar Yadav holding brief of Sri Rajrshi Gupta, learned counsel for the appellant and Sri Ratnendu Kumar Singh, learned AGA for the State.

2. The present appeal has been instituted under section 374 (2) Cr.P.C., 1973 against the judgement and order dated 07.05.2008 passed by Special Judge, (Anti Corruption) Gorakhpur in Special Trial No. 4 of 2004 ( State Vs. Gulab Misra and others) arising out of Case Crime No. 30 of 2000, under sections 409, 420, 120-B IPC and section 7/13 of Prevention of Corruption Act, whereby the appellant has been convicted and sentenced under Section 409/120-B IPC to two years' rigorous imprisonment with fine of Rs. 5000/- and under sections 420/120-B IPC for one year rigorous imprisonment with fine of Rs. 1000/- with direction that all the sentences would run concurrently.

3. The coordinate Bench of this Court vide judgment and order dated 4.2.2016 passed in Criminal Appeal No.3372 of 2008 has acquitted the other co-accused, who faced trial along with the accused appellant for offences under Section 409, 420, 120B IPC and 7/13 Prevention of Corruption Act, 1988. The coordinate Bench of this Court has held as under:-

"23. Thus, the whole prosecution story is nothing, but a bundle of lies, false statements and concocted improbable theories. The learned lower court has convicted the accused appellant in a no evidence case. Thus, in conclusion, having regard to the discrepancies in the statements of the witnesses, I come to the conclusion that the conviction of the accused-appellants under sections 409/120-B, 420/120-B IPC and 7 and 13(1)(C) read with 13(2) of Prevention of Corruption Act is bad in the eyes of law and the sentence and conviction is liable to be set aside. "

4. Considering the aforesaid finding and taking into consideration that the charge against the accused appellant was identical to other co-accused, who have been acquitted by this Court vide judgment and order dated 4.2.2016, I find it appropriate to acquit the present accused appellant and therefore, the present appeal is allowed.

5. The accused appellant is on bail, his bail bonds are cancelled and the sureties are discharged. The accused appellant is directed to comply with the provision of Section 437-A Cr.P.C.

6. Copy of this order be transmitted along with the judgment and order dated 4.2.2016 passed in Criminal Appeal No.3372 of 2008 to the learned trial Court concerned for necessary compliance.

7. The trial Court record be also remitted back to the learned trial Court concerned.

Order Date :- 10.1.2023

SP