Court No. - 45
Case :- CRIMINAL REVISION No. - 3201 of 2006 Revisionist :- Daya Chand Opposite Party :- Harpal & Others Counsel for Revisionist :- Pankaj Bharti Counsel for Opposite Party :- Govt. Advocate,Amit Mishra
Hon'ble Siddharth,J.
Heard Shri Pankaj Bharti, learned counsel for the revisionist and learned A.G.A. for the State.
This revision is directed against the order dated 12.4.2006 passed by the Additional Sessions Judge, Court No.11, Muzaffar Nagar in S.T. No.977/1997, whereby opposite party Nos.1 to 13 have been acquitted by the court below for the offence under Sections 148, 452, 307/149, 427, IPC.
A perusal of the order of the court below shows that the first information report was delayed and there was no justification for the same submitted before the court. There is contradiction in the first information report and the oral evidence of the parties. The medical evidence does not confirms to the oral evidence led in the case. There is no motive of crime proved by the prosecution. The motive alleged has not been proved and has been found to be false and against the evidence on record. Therefore, order of acquittal has been recorded by the court below.
The order passed by the court below does not suffers from any illegality. This revision fails and is, accordingly, dismissed.
Order Date :- 13.9.2018 T. Sinha