Court No. - 45
Case :- CRIMINAL REVISION No. - 71 of 2009 Revisionist :- Munkad Opposite Party :- State Of U.P. & Others Counsel for Revisionist :- H.K. Yadav,Smt. Sushma Yadav Counsel for Opposite Party :- Govt. Advocate
Hon'ble Siddharth,J.
This revision is listed peremptorily today. List has been revised.
No one appears on behalf of the revisionist to press this revision.
Heard learned A.G.A. for the State and perused the record.
This revision has been filed against the judgement and order dated 14.10.2008 passed by Additional Sessions Judge (F.T.C.-I), Meerut, acquitting the opposite party nos. 2 and 3 of the charges under section 307 read with section 34 I.P.C. in Sessions Trial No. 282 of 2007 (State Vs. Ashif and others).
The court below has recorded the finding that from the perusal of the evidence on record charges against the opposite party nos. 2 and 3 are not proved beyond doubt.They are entitled to benefit of doubt. The investigation conducted by the investigating officer and evidence collected has not been found to be reliable. There is contradiction in the oral and medical evidence brought on record. The witnesses have denied their statements recorded under section 161 Cr.P.c. before the investigating officer. The judgment of the court below appears to be well reasoned.
In view of the above impugned judgement and order does not suffers from any illegality, infirmity or jurisdictional error requiring any interference by this court.The revision lacks merit and is liable to be dismissed.
Hence revision is accordingly dismissed.
Order Date :- 23.8.2018 Atul kr. sri.