Court No. - 71
Case :- GOVERNMENT APPEAL No. - 2860 of 2006 Appellant :- State Of U.P.
Respondent :- Abdul Hammed And Others Counsel for Appellant :- Government Advocate Counsel for Respondent :- Ramesh Chandra Lal
Hon'ble Siddharth,J.
Heard learned AGA for the State and Sri Anoop Kumar Upadhyay holding brief of Sri Ramesh Chandra Lal, learned counsel for the respondents.
This Government Appeal is directed against the judgement and order dated 24.01.2006 passed by the Additional District Judge, Court No.1, Bijnor, in Sessions Trial No. 437 of 2000, arising out of Case Crime No. 21 of 1999, Police Station Nazibabad, District Bijnor, whereby the respondents have been acquitted for the offence punishable under Sections 323, 324, 325, 452, 308, 504, 506 IPC.
It has been pointed out by the learned counsel for the respondent Nos.2 to 4 that the opposite party No.1 has already died. In pursuance of the order dated 04.10.2018, respondent Nos. 2 to 4 are present in Court. They were also present earlier on 12.12.2018.
The prosecution case is that on 24.01.1999, some altercation took place between the parties and injuries were caused to the Mohd. Yusuf, thereafter compromise was arrived at between the parties. However, there is entry at 9:10 a.m. regarding another FIR alleging offence under Sections 323, 324, 325, 452, 308, 504, 506 IPC.
The trial court found that after the registration of the aforesaid FIR at 9:10 a.m., injured, Mohd. Yusuf, was medically examined at 9:35 a.m. and the doctor found that that the injury suffered by the injured has been caused only 5 minutes back, when the incident took place at abut 8 a.m. The court below has further found that Chiththi Majrubi was given to the injured, but he got himself examined on his own before the doctor and not in pursuance of Chiththi Majrubi. The court below has further found that from the report of the doctor, incident appears to be doubtful. The prosecution has also not brought on record any evidence to prove that the injured Mohd. Yusuf were ever admitted to any hospital and was given any treatment. On the basis of the aforesaid judgement, the accuseds were acquitted by the court below by the judgement and order dated 24.01.2006.
After hearing the learned counsel for the parties, it is clear that the findings of the court below do not suffer any illegality and perversity warranting any interference in this appeal.
The Government Appeal is, accordingly, dismissed. Respondent Nos. 2 to 4 are on bail. Their bail bonds and sureties are, hereby discharged.
The Registry is directed to communicate this order to the court below within a period of two weeks.
Order Date :- 23.1.2019 Ruchi Agrahari