Court No. - 11
Case :- GOVERNMENT APPEAL No. - 7733 of 2008 Appellant :- State Of U.P.
Respondent :- Abhimanyu Singh And Others Counsel for Appellant :- Govt. Advocate
Hon'ble Ifaqat Ali Khan,J.
Heard Sri Amit Sinha, learned AGA appearing for the State, on the application seeking leave to appeal against the judgment and order dated 16.06.2008 passed by Additional Sessions Judge, Court No. 2 Azamgarh, in Sessions Trial No. 497 of 1998, (State Vs. Abhimanyu Singh and others), under sections 504/506 IPC and 3 (1) (10) SC/ST Act by the impugned judgment respondents were acquitted.
The prosecution case is that accused/respondents abused the complainant and threatened to kill.
From the perusal of record it is clear that complainant works as labourer in the field of Abhimanyu Singh Singh since a long time. Four witnesses of fact out of them two have turned hostile, only two witnesses complainant himself and his wife have supported the version and even in the statement of husband and wife there are major contradictions.
Considering these facts it cannot be said that there is illegality or irregularity in the impugned judgment. It also cannot be said that view taken by the court below is not a possible and plausible view.
Hence no indulgence in the impugned judgment is required, therefore, the application seeking leave to appeal is rejected and subsequently appeal is also rejected.
Order Date :- 27.7.2018 Vikram