Murli Singh vs State And Another
2023 Latest Caselaw 25217 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 


?Neutral Citation No. - 2023:AHC:179956 
 
Court No. - 81
 

 
Case :- CRIMINAL REVISION No. - 1375 of 1988
 

 
Revisionist :- Murli Singh
 
Opposite Party :- State And Another
 
Counsel for Revisionist :- K.K. Mishra
 
Counsel for Opposite Party :- A.G.A.
 

 
Hon'ble Mrs. Jyotsna Sharma,J.

1. Case called out in the revised list. None responds for the revisionist. Sri L.D. Rajbhar, learned AGA for the State is present.

2. This revision has been filed challenging the order passed in criminal case no. 1687 of 1987 (State vs. Jagdish Shah) arising out of Case Crime no. 174 of 1979 under sections 279/304-A IPC decided on 08.07.1988.

3. Heard and perused the judgment and the material on record.

4. From the impugned judgment it is clear that the learned trial court considered the statement of PW1, in which he admittedly said that he was standing at such a place from where, he could not see the driver of the truck. Further the learned trial court considered the statement of PW2, the other eye-witness of the accident, who said that he could see the driver from the door/window of the truck. Further in cross-examination, he said that he didn't know the name of the person/accused, who was driving the truck. PW5-another witness of the accident stated that he could not recognize the person who was driving the vehicle at the time of accident.

5. On the basis of the above evidence produced by the prosecution, the trial court returned a finding that the evidence was not sufficient to prove that it was the accused who was driving the truck at the time of the accident and acquitted him. In the light of evidence produced by the prosecution this finding cannot be said to be perverse or against the evidence on record or illegal or improper.

6. In view of the above, I do not find any good ground to admit this revision, hence this revision is dismissed at the stage of admission itself.

Order Date :- 18.9.2023

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