Court No. - 82
Case :- APPLICATION U/S 378 No. - 59 of 2019 Applicant :- Smt. Kabootri Devi Opposite Party :- State Of U.P. And 8 Ors.
Counsel for Applicant :- Shashi Dhar Goswami,Pradeep Kumar Rai Counsel for Opposite Party :- G.A.
Hon'ble Harsh Kumar,J.
Heard Sri Shashi Dhar Goswami, learned counsel for applicant-appellant, learned A.G.A. for the State and perused the record.
The instant application has been moved for permission to file an appeal against impugned judgment and order dated 10.4.2019 passed by learned Additional Sessions Judge, Court No.3, Ghazipur, acquitting opposite parties no.2 to 9 under Sections 147, 452, 323/149, 504, 506 in S.T. No.217 of 2007 arising out of Criminal Case No.1049 of 2005, under Sections 147, 452, 323/149, 504, 506 I.P.C., P.S. Mohammadabad, District Ghazipur.
Learned counsel for applicant-appellant contends that impugned judgment and order of acquittal is full of glaring mistake with perverse finding; that in internal page 8 of the impugned judgment learned trial court has observed that as per prosecution version there is no whisper of injury having been caused to Smt. Kabootari Devi, P.W.-1 and medical officer has contended that injuries of prosecution witnesses were simple in nature. He sought attention of the Court at internal page 1 of impugned judgment mentioning the prosecution version wherein in the complaint lodged by Smt. Kabootari Devi it has been contended in fifth line from bottom that ^^bl ij eqfYte j?kquUnu o jked`r mls ,dk,d M.Mk ekjkA cpkus vk;s KkupUnz dks Hkh ykBh&M.Mk ls ekjus yxsA** He further pointed out at internal pages 4 & 5 of the impugned judgment there is description of statement of P.W.-4 & P.W.-5 proving injury reports of Gyan Chand and complainant Smt. Kabootari Devi, so the order of acquittal is perverse.
He further contended that in cross case S.T. No.303 of 2005 learned trial court convicted accused Gyan Chand and others on same day i.e. 10.4.2019 with sentence dated 11.42019.
Learned A.G.A. supported the impugned order.
Upon hearing parties' counsel and perusal of record, I find that there are apparent contradictions in the findings recorded by trial court and there is sufficient ground for granting leave to file appeal, hence, application for leave to appeal is liable to be allowed.
The application for leave to file appeal is allowed, accordingly.
Order Date :- 27.11.2019 Kpy
Order on Memo of Appeal Hon'ble Harsh Kumar,J. Heard.
Admit.
Lower court record has already been received.
Since against conviction order passed in cross case matter is pending before this Court in Criminal Appeal Nos.3177 of 2019, 3335 of 2019 & 4023 of 2019, office is directed to connect and list this appeal with Criminal Appeal Nos.3177 of 2019, 3335 of 2019 & 4023 of 2019 Order Date :- 27.11.2019 Kpy 2 of 2