Hon'ble Vishnu Chandra Gupta,J.
Heard learned A.G.A. and perused the lower court record.
This application for granting the leave to appeal has been filed against the impugned judgement and order dated 21.12.2011 passed by learned Addl. Sessions Judge, Court No. 3, Pratapgarh in S.T. No. 597 of 1997 where by the accused respondents have been acquitted for the offence punishable under sections 302/34 and 323/34 IPC.
From the perusal of the record and impugned judgement it reveals that in the present case the FIR has been lodged by P.W.2 on 10.11.1995 in respect of the incident allegedly occurred at 6.00 P.M . on 10.11.1995 alleging therein that P.W. 1 Vinod was in his company, the accused respondents made an assault upon the deceased and injured Vinod by using the lathi, danda and iron rod. On hue and cry made by P.W. 1 Vinod the first informant and others came to rescue to the deceased at the place of the incident then the accused respondents fled away from the place of the incident. The deceased with the help of the villagers was taken to the hospital where he succumbed to his injuries, then the first informant went to the police station and lodged the FIR. According to the post mortum examination report the deceased had sustained three ante mortem injuries, in which injury No. 1 and 2 were lacerated wounds and injury No. 3 was a contusion. The injured had sustained two contusions. At the stage of the trial, six witnesses have been examined. The injured P.W. 1 Vinod who is the injured witness has not supported the prosecution story, according to his deposition, he could not identify the persons who caused the injuries. According to his deposition he came at the place of the incident after commission of the alleged incident. His testimony has not been supported by any other evidence. The finding of the acquittal recorded by the trial court does not require any interference by this court, therefore, leave to appeal is refused.
Accordingly this application is dismissed.
Order Date :- 14.7.2014 RPD/ Leave to appeal Court No. - 7 Case :- U/S 378 CR.P.C. No. - 90 of 2012 Applicant :- Sate Of U.P.
Opposite Party :- Balram Misra & Ors.
Counsel for Applicant :- Govt. Advocate Hon'ble Ravindra Singh,J.
Hon'ble Vishnu Chandra Gupta,J.
Heard learned A.G.A. and perused the lower court record.
Since the application for granting the leave to appeal has been dismissed, this Government is also dismissed.
Let lower court record be sent back to the court concerned forthwith.
Order Date :- 14.7.2014 RPD/ Appeal