Court No. - 50
Case :- GOVERNMENT APPEAL No. - 1175 of 1997 Appellant :- State Of U.P.
Respondent :- Banwari And Another Counsel for Appellant :- V.S.Mishra,A.G.A.
Hon'ble Harsh Kumar,J.
Heard learned AGA for the State and perused the record.
The application has been moved by State for leave to file appeal against the impugned judgment and order dated 22.11.1996 passed by VIIIth Additional Sessions Judge, Bulandshahar in S.T. No.229 of 1996 (State Vs. Banwari and another), acquitting the accused-respondent from the charges under sections 323, 324 and 308 IPC.
Upon hearing learned AGA and perusal of record, I find that in this case relating to criminal incident dated 2.6.1993, the trial court has discussed and analyzed the prosecution evidence in detail. None of the injured witnesses is alleged to have sustained any grievous injury, which may be considered to be dangerous to life or may bring the case under section 308 IPC. It is also pertinent to mention that all the three injured witnesses have turned hostile in their cross examination and have clearly stated that they could not identifiy the culprit. In the circumstances, the trial court has not committed any mistake in passing the impugned judgment and order of acquittal, acquitting the accused respodnents from the offences under sections, 323, 324 and 308 IPC.
It is settled principle of law as held by Hon'ble the Supreme court in the case of K. Prakashan Vs. P.K. Surenderan, (2008) 1 SCC 258 "When two views are possible, appellate Court should not reverse the Judgment of acquittal merely because the other view was possible. When Judgment of trial Court was neither perverse, nor suffered from any legal infirmity or non consideration/misappropriation of evidence on record, reversal thereof by High Court was not justified".
In view of discussions made above, I have come to the conclusion that the learned AGA has failed to show any legal infirmity, incorrectness or perversity in the impugned order of acquittal and there is no sufficient ground for interfering with or setting it aside the impugned order of acquittal and substituting it with conviction order. The application for leave to file appeal has no force and is liable to be dismissed.
The application for leave to file appeal is dismissed accordingly and the appeal also stands dismissed.
Order Date :- 31.5.2018 Tamang
Order on Memo of Appeal Hon'ble Harsh Kumar,J.
Dismissed.
For order, see order of date passed on application for leave to file appeal.
Order Date :- 31.5.2018 Tamang