Court No. - 41
Case :- CRIMINAL REVISION No. - 1553 of 1997 Revisionist :- Man Singh Opposite Party :- State of U.P. and Others Counsel for Revisionist :- Virendra Singh Counsel for Opposite Party :- A.G.A., A.K.Awasthi, M.Tiwary, Sapan Kumar Singh, V.C.Tiwary
Hon'ble Mrs. Sunita Agarwal,J.
No one appears on behalf of the revisionist even in the revised call.
Heard Sri Sapan Kumar Singh, learned counsel for the opposite parties and learned A.G.A. for the State.
The present revision is directed against the order dated 14.08.1997 passed by learned 4th Additional District Judge, Gorakhpur in Sessions Trial No.162 of 1993 (State v. Udai Pratap Singh) under Sections 302/201 of IPC at P.S.- Bansgaon, District- Gorakhpur, whereby the accused-opposite party nos. 2 to 6 were acquitted.
Learned counsel for the opposite party submits that the trial Court had acquitted the opposite parties after appreciation of evidence on record and noticing the inconsistencies in the statement of prosecution witnesses and other evidences relating to recovery of dead body and the impossibility of presence of the opposite party nos. 2 to 6 at the spot of the crime.
Having carefully gone through the order of acquittal, this Court finds that no material illegality much less procedural irregularity has been committed by the Court below.
Nothing could be pointed out by the learned A.G.A. to support the version of the prosecution so as to assail the judgment of acquittal.
In a Government Appeal No. 2395 of 1997 (State of U.P. vs. Udai Pratap Singh & ors.), this Court had refused to interfere in the findings of acquittal recorded by the Trial Court. The order passed in the Government Appeal dated 19.05.2000 is relevant to be noted hereinunder:-
"Heard learned A.G.A., Sri Manish Tiwari learned counsel for the respondents and perused the impugned judgement of acquittal. We do not find any good ground for interference by this court in appeal. Keeping in view the material evidence on record, the finding of acquittal recorded by the trial court is justified. Leave is declined.
Appeal is rejected."
In view of the above, no interference is required. The revisions is dismissed, accordingly.
Certify the judgement, immediately to the Court below.
Order Date :- 26.11.2019/P Kesari