List is revised.
Heard learned counsel for the revisionist and learned A.G.A. for the State of U.P.
This revision has been filed against the judgement and order dated 18.1.2001 passed by I-A.C.J.M., Sultanpur in Criminal Case No. 1430 of 2000 whereby the accused respondents 2 to 14 have been acquitted for the offence under sections 147, 379, 427, 504, 506 IPC.
From the perusal of the record it appears that in the present case P.W.1, P.W. 2 and P.W. 3 have been examined in support of the prosecution version but according to finding recorded by the trial court the presence of the P.W. 1 has been made doubtful. P.W. 3 has stated that he was not present at the time of the alleged incident, he has also not supported the prosecution version. So far as the P.W. 2 is concerned tehre is material contradiction in his statement. The trial court has recorded the finding of acquittal. The view taken by the trial acquitting the accused persons is possible view.
In such circumstances, it is not proper to interfere in the impugned order of the acquittal. The prayer for quashing the order of the acquittal is refused.
Accordingly this revision is dismissed.
Order Date :- 21.5.2012 RPD