Court No. - 17
Case :- CRIMINAL REVISION No. - 1794 of 1999 Revisionist :- Jai Prakash And Another Opposite Party :- State Of U.P. And Others Counsel for Revisionist :- Ram Mohan,Kamal Kishor Mishra Counsel for Opposite Party :- Govt. Advocate
Hon'ble Suresh Kumar Gupta,J.
This revision has been preferred against the judgment and order dated 11.8.1999 passed by the opposite party no. 2 in criminal appeal no. 9 of 1998 by which the appeal has been dismissed and confirmed the order dated 20.3.1998 by which the opposite party no. 3 has been convicted the applicant/revisionist in criminal case no. 2173 of 1995 arises out of case crime no. 51 of 1988 under Section 323 I.P.C.
Heard learned counsel for the revisionists learned A.G.A. and perused the impugned judgment and order.
Learned counsel for the revisionist submitted that trial court has not appreciated the statement of witnesses and without application of mind the revisionist has been convicted. There is charge under Section 323 I.P.C. against the revisionist, as the revisionist has wrongly been declared guilty for assaulting the Injured, Ishrawati. The learned trial court has relied upon the photo state copy of the injury report of the injured. There is also not any independent witnesses. Learned counsel for the revisionist vehemently argued that judgement of the learned court below is against the set principle of law. Hence revision may be allowed.
Learned A.G.A. opposed the contention of the learned counsel for the revisionist and after appraisal of the statement of the witnesses and material available on record the impugned order has been passed.
The impugned order is based on the proper appraisal of the evidence available on record and no interference is required by this Court. Thus, there is no illegality or impropriety in the impugned order and, therefore, the revision is devoid of merits.
The revision is, accordingly, dismissed. The interim order, if any, stands vacated.
Order dated 17.12.2018 passed by this Court shall be kept in abeyance.
The copy of this order be transmitted to the court below for necessary compliance immediately.
Order Date :- 21.1.2019 A. Pt. Singh