Court No. - 11
Case :- GOVERNMENT APPEAL No. - 4262 of 2007 Appellant :- State Of U.P.
Respondent :- Ayub And Others Counsel for Appellant :- Govt.Advocate
Hon'ble Ifaqat Ali Khan,J.
Heard Sri Ratan Singh, learned AGA on the leave application.
This leave application is moved for grant of leave for filing the appeal against the judgement and order dated 08.03.2007 passed in Sessions Trial No. 1319/05 (State Vs. Ayub & Others), under Section 308, 452, 323, 504, 506 IPC, vide this impugned judgement dated 08.03.2007 Sesssions Judge/FTC, Court No. 4, Muzaffarnagar, acquitted the respondents Ayub, Sameem and Nasim from the charge under Section 308 read with 34, 504 and 506.
Perusal of the file shows that the prosecution has failed to prove the place of occurrence, it should also not be proved that who was the aggressor, injured was advised for x-ray but no radiologist was produced to examine whether the x-ray of the injured person was taken..
On the basis of above discussion I come to the conclusion that it cannot be said that the view taken by the Court below is not a possible and plausible view. There is no illegality, irregularity and perversity in the impugned judgment. Hence, the application for leave is rejected.
Consequently, the appeal is rejected.
Order Date :- 27.7.2018 Sweety kanojia