Court No. - 66
Case :- APPLICATION U/S 378 DEFECTIVE No. - 36 of 2019 Applicant :- Hemant Kumar Opposite Party :- State Of U.P. And 5 Ors. Counsel for Applicant :- Harish Kumar Shukla Counsel for Opposite Party :- G.A.
Hon'ble Rajul Bhargava,J.
Cause shown for the delay of 136 days in filing of the instant criminal appeal is to the satisfaction of the Court.
Delay is condoned. The application stands allowed.
Heard Sri H.K. Shukla, learned counsel for the appellant and learned A.G.A.
The instant leave to appeal has been filed against the impugned judgement and order dated 27.9.2018 passed by Judicial Magistrate, Court no. 16, Basti in Complaint Case no. 79 of 2018 (Hemant Kumar vs. Sonu Gupta and others) P.S. Purani Basti, District Basti by which the learned Magistrate has acquitted the accused / opposite parties u/s 147, 452, 323/149, 504, 506 (2) I.P.C.
Learned counsel for the appellant submitted that though there was sufficient evidence on record yet the trial court has illegally acquitted the accused/ opposite party nos. 2 to 6 for the offence u/s 147, 452, 323/149, 504, 506 (2) I.P.C. According to the complaint case, on 10.3.2009 at about 9.30 pm when the informant was closing his shop the opposite party nos. 2 to 5 reached there and demanded money, on being refused they have hurled abuses and assaulted the informant by kicks and fits and also threatened to kill him. It is stated that prosecution has examined three witnesses of fact, who have fully supported the prosecution version.
I have carefully gone through the impugned judgement and order dated 27.9.2018 which reflects that in this case statement of PW-1 and other witnesses are not reliable, there is no medical report to support the prosecution version and prima facie no ingredient to constitute offence u/s 504, 506 I.P.C. is made out. I do not find any illegality or infirmity in the impugned judgement and order dated 27.9.2018.
Accordingly the leave to appeal is rejected. Consequently the appeal also stands dismissed.
Order Date :- 26.4.2019 Dhirendra/