Court No. - 28
Case :- CRIMINAL REVISION No. - 1113 of 1992 Revisionist :- Bhola Opposite Party :- Rajjan Lal And Others Counsel for Revisionist :- A.C. Nigam Counsel for Opposite Party :- G.P. Dixit,A.G.A
Hon'ble Umesh Chandra Tripathi,J.
List has been revised. Learned counsel for the revisionist and learned counsel for private-opposite parties are not present to argue the case.
Heard learned A.G.A. for the State of U.P. (opposite party no. 5).
This revision has been preferred against the judgment and order dated 06.05.1992 passed by IVth Additional Sessions Judge/Special Judge (Dacoity Affected Areas), Kanpur Dehat in Sessions Trial No. 63 of 1988 (Bhola v. Rajjan Lal & Others) whereby accused - Rajjan Lal, Manoj, Ram Naresh and Ram Lakhan were acquitted from offence punishable under Section 394 of the Indian Penal Code (in short 'IPC').
As per prosecution version, on 12.07.1987 at about 12 Noon in village - Kandhauli, Police Station - Sajeti, District - Kanpur Dehat, accused-opposite parties - Ram Naresh, Ram Lakhan, Rajjan and Manoj entered into the house of informant Bhola (revisionist) and after assaulting the informant, took away his two oxen to village Lalaipur.
Learned trial court held that informant and accused belong to the same village. One of the accused is a teacher and another one is a police constable. It is not probable for them to commit such an offence in broad daylight. First information report has been lodged due to dispute of money and stealing of oxen.
The finding of trial court is supported by evidence and not perverse. I find no illegality in the impugned judgment and order of acquittal passed by the court below.
Resultantly, the instant revision is dismissed. Order Date :- 28.5.2018 I. Batabyal