Court No. - 55
Case :- CRIMINAL REVISION No. - 2299 of 1999 Revisionist :- Ram Dular Chaubey Opposite Party :- State of U.P. and Others Counsel for Revisionist :- O.N.Mishra Counsel for Opposite Party :- Govt.Advocate
Hon'ble Pradeep Kumar Srivastava,J.
None is present on behalf of the revisionist to press this revision in the revised call. Learned A.G.A. is present.
Heard learned A.G.A. and perused the record.
The revision is pertaining to the year 1999 and till date, it is still awaiting admission.
This criminal revision has been filed against the judgment and order dated 22.10.1999, passed by IIIrd Additional Sessions Judge, Mau, in Sessions Trial No. 111 of 1994, under Sections 307/34 and 506 I.P.C., Police Station Kopaganj, District Mau by which the opposite parties no. 2 to 5 have been acquitted from the charge under the aforesaid sections.
From perusal of the impugned judgment, it appears that the learned trial court has found that the eye witness and injured PW-1 did not supported the prosecution version and he has stated that he fell down and sustain injuries. There is a lot of discrepancies in the account of eye witness and it was also found that the witnesses examined by the prosecution could not be able to state with certainty about the involvement of the accused persons in the commission of the offence. Therefore, the finding the whole prosecution version to be doubtful, the accused persons were acquitted by the impugned judgment.
Keeping in view the aforesaid facts and circumstances and also the fact that there is no one to press this revision, I do not find any material illegality, irregularity, impropriety or jurisdictional error in the impugned order. The revision lacks merit and is liable to be dismissed.
Accordingly the revision is dismissed. Interim order, if any, stands vacated.
It is, however, made clear that in case, any government appeal is found to have been filed against the aforesaid impugned judgment, the same shall continue and shall be disposed of on merits, in accordance with law and this order will have not affect such government appeal.
Order Date :- 29.11.2019 sailesh