In Chamber
Case :- CRIMINAL REVISION No. - 1286 of 1994 Revisionist :- Lalta Prasad Opposite Party :- State & Ors.
Counsel for Revisionist :- H.N. Singh Counsel for Opposite Party :- A.G.A.,Ravindra Singh
Hon'ble Ram Krishna Gautam,J.
List has been revised. None is for the revisionist, whereas learned AGA is for the State.
As per office report dated 19.12.2018 no Government Appeal has been got reported against the judgment of acquittal dated 30.5.1994 passed by Additional Sessions Judge/ Special Judge (E.C. Act), Budaun, in S.T. No. 322 of 1992, State Vs. Ram Kumar and others, u/s 302/34 and 307/34 I.P.C., P.S. Mujariya, District Budaun, (present one assailed in this criminal revision).
This criminal revision is pending since 1994 and none is to press this revision.
Gone through the impugned judgment dated 30.5.1994 passed by Additional Sessions Judge/ Special Judge (E.C. Act), Budaun, in S.T. No. 322 of 1992, State Vs. Ram Kumar and others, u/s 302/34 and 307/34 I.P.C., P.S. Mujariya, District Budaun, whereby accused persons have been acquitted. The memo of revision contends that the Additional Sessions Judge has failed to appreciate the facts and law placed before it. He has discarded the evidence of injured witness Chhote Lal on the basis of minor discrepancies, whereas Chhote Lal was the man of old age, who had suffered grievous gunshot injury. Three prosecution witnesses namely PW1- Lalta Prasad, PW2- Kedar and PW3- Chhote Lal, the injured witness, have fully proved the case of prosecution but the report of Ballistic Expert was misread and misconstrued by learned Additional Sessions Judge.
From very perusal of the impugned judgment, it is apparent that it is a well reasoned order and against the judgment of acquittal, no Government Appeal has been filed, reveals no illegality, irregularity, impropriety and incorrectness in it.
Moreso, none used to appear for the revisionist for pressing this revision. It has not yet been admitted. Hence this proposed revision is being dismissed for want of prosecution.
Lower court's record be sent back.
Order Date :- 20.12.2018/ Pcl