Court No. - 66
Case :- APPLICATION U/S 378 No. - 70 of 2019 Applicant :- Rajeev Kumar Gupta @ Rajeev Gupta Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Suresh Chandra Kushwaha,Pankaj Kushwaha Counsel for Opposite Party :- G.A.
Hon'ble Rajul Bhargava,J.
Heard Sri S.C. Kushwaha, learned counsel for the applicant and learned A.G.A.
The present criminal appeal is being preferred against the impugned judgement and order dated 26.3.2019 passed by Judicial Magistrate, Amroha in Complaint Case no. 140 of 2018 (Rajeev Gupta vs. Satish Kumar and others) whereby acquitted the respondent nos. 2 to 4 for the offence u/s 452, 323, 504, 506 IPC, P.S. Amroha Dehat, district Amroha.
Learned counsel for the applicant submitted that though there is reliable evidence on record of prosecution witnesses yet the trial court by reading the evidence in between the line has acquitted the opposite party nos. 2 to 4 for the charges u/s 452, 323, 504, 506 IPC. He further submitted that infact the complainant was not given proper opportunity of hearing and to adduce evidence. He further submitted that infact the informant had obtained information through Right to Information Act that on the date of incident some altercation and marpeet had taken place between the parties, both the parties have challaned u/s 107, 116 Cr.P.C., however, the said documents was placed by the applicant but the same has not been taken into account by the trial court.
Per contra learned AGA has argued that the trial court has rightly acquitted the opposite party nos. 2 to 4 while recording that statement of the prosecution witnesses unreliable and there is material contradictions in respect of date and time of the incident and most importantly witnesses have stated that they were beaten by lathi danda for about six minutes, however, one of the witnesses has stated that he got statement done by homoeopathic doctor and no medical report, x-ray report has been brought on record and also not proved.
Considering the rival submission made by the parties, I am of the considered opinion that trial court has rightly acquitted the opposite party nos. 2 to 4. The application seeking leave to appeal is rejected. Consequently the appeal also stands dismissed.
Order Date :- 31.5.2019 Dhirendra/