Court No. - 45
Case :- CRIMINAL REVISION No. - 4920 of 2009 Revisionist :- Indrapal Singh Opposite Party :- State Of U.P. And Others Counsel for Revisionist :- Saurabh Gour Counsel for Opposite Party :- Govt.Advocate
Hon'ble Siddharth,J.
List has been revised. The case is listed today peremptorily, but no one appears on behalf of the revisionist to press this revision.
This revision is directed against the judgement and order dated 20.8.2009 passed by Additional Sessions Judge/F.T. Court No. III, District Ghaziabad, in S.T. No. 536 of 2007 (State Vs. Sajan and others), under Sections 452, 302, 34, 411, 394 IPC, S.T. No. 537 of 2007 (State Vs. Sajan and others), under Sections 399, 402, 307 IPC, S.T. No. 538 (State Vs. Sajan), under Sections 25 & 25/4 of Aayudh Adhiniyam, S.T. No. 539 of 2007 (State Vs. Pradeep Kumar), under Sections 25 & 25/4, S.T. No. 540 of 2007 (State Vs. Naushad), under Sections 25 & 25/4 of Aayudh Adhiniyam, S.T. No. 541 of 2007 (State Vs. Bhola), under Sections 25 & 25/4 of Aayudh Adhiniyam, Police Station Link Road, District Ghaziabad.
A perusal of the order of the court below shows that the alleged offences are not made out from the material on record. The deficiency in the investigation conducted by the Investigating Officer and non production of any report of ballistic expert regarding the country-made pistol and cartridge recovered has also been noted. The prosecution has failed to prove the case against the revisionist beyond doubt and therefore, the court below has passed the judgement and order of acquittal, which appears to be well reasoned and in accordance with the law. The order of the court below does not calls for any interference.
The revision stands dismissed.
Order Date :- 13.9.2018 Ruchi Agrahari