Court No. - 45
Case :- CRIMINAL REVISION No. - 3441 of 2008 Revisionist :- Ram Pal Opposite Party :- State Of U.P. & Another Counsel for Revisionist :- Gaurav Sharma Counsel for Opposite Party :- Govt. Advocate
Hon'ble Siddharth,J.
List has been revised. Learned counsel for the revisionist has sent illness slip despite the case being listed peremptorily. Earlier also illness slip was sent by the learned counsel for the revisionist on 14.9.2018 and prior to that on 23.8.2018 he made request that he needs some time to assist the court.
Heard Shri Praveen Kumar Singh holding brief of Shri Gaurav Kakkar, learned counsel for the opposite party no. 2. Learned A.G.A. for the State and perused the record.
This criminal revision has been filed against the judgement and order dated 10.09.2008 passed by the Additional Sessions Judge,(F.T.C.) Court No.1 , Bulandshahar in S.T. No. 1129 of 2005 (Case Crime No. 325 of 2004) under section 376 read with sections 511, 302 I.P.C. P.S. Aurangabad, District Bulandshahar whereby opposite party no. 2 has been acquitted for offences.
Perusal of the judgement and order of the court below shows that the court below has recorded the finding that First Information Report was lodged against unknown persons. The witnesses, Chandra Pal and Harish Chandra, are said to have reached at the seen of the occurrence at 3.30.P.M. on 9.10.2004 who claim that they have seen the accuseds running from the spot.Both the witnesses have been found to be relatives of the informant. The informant could not explain why he did not named the witnesses, who later on testified before the police on the same date.The admission of the accused, Jatin, under section 161 Cr.P.c. was not proved as per sections 25 and 26 of the Evidence Act being the statement of the accused before the police.No sperm was found by the doctor in vaginal fluid of the deceased. The injury was on the head of the deceased and parietal bone was fractured.The Investigating Officer could not found any weapon used for making any blow on the deceased.Therefore court below came to the conclusion that offence alleged against the applicant has not been proved and has recorded the finding of acquittal.
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.
Revision is accordingly dismissed Order Date :- 24.9.2018 Atul kr. sri.