Court No. - 47
Case :- GOVERNMENT APPEAL No. - 6181 of 2006 Appellant :- State Of U.P.
Respondent :- Dharam Pal And Others Counsel for Appellant :- Govt. Advocate
Hon'ble Ram Surat Ram (Maurya),J. Hon'ble Anil Kumar-IX,J.
Heard Additional Government Advocate for the appellant.
This government appeal has been filed from the judgement of acquittal dated 26.6.2006 passed by Additional Sessions Judge, Court No. 12 in S.T. No. 380 of 2002 (State Vs Dharam Pal and others).
The incident is alleged to have taken place on 25.7.2001 at 10:00 AM while the FIR was lodged on 13.8.2001 on the basis of the order of Circle Officer of Police. It has been stated in the FIR that Sheesh Pal Singh, the complainant had gone for worship of the place where he was going to install tube well in plot no. 211 on 25.7.2001 at 10:00 AM. Kamal Singh, Om Prakash and Gyan Prakash and Mohan Singh, Chhidda Singh and several villagers were present there. When the complainant started worship of the place of tube well then the accused Satish, Dharam Pal, Jugendra Singh and Vinod Kumar came there and started abusing the complainant and threatening that if tube well was installed at this place then nobody would be spared. In the meantime, Pushpendra and others armed with lathi and country made pistol came there and opened fire upon the complainant which could not cause any injury to him. On challenge of the villagers present there, the accused fled away from the spot.
In order to prove the prosecution case, the prosecution examined Sheeshpal Singh (PW-1), the informant, Mohan Singh (PW-2), Radhey Shyam Solanki (PW-3) and SI B. L. Varun (PW-4). The court below after hearing the parties by the impugned judgement held that the incident has taken place on 25.7.2001 in which two persons namely Pushpendra and Dharam Pal received injuries and FIR of that incident has been lodged against the informant which was registered as Case Crime No. 144 of 2001. The complainant has deliberately concealed the lodging of FIR of Case Crime No. 144 of 2001 as well as receiving injuries to Pushpendra and Dharam Pal in that incident. Although it is alleged that Pushpendra and others armed with lathi-danda and country made pistol came on the spot and opened fire but no injury was caused to any one nor empty cartridges were recovered from the spot. Although Mahendra Singh (PW-2) has stated that he had seen empty cartridges. On its basis the trial court found that the present FIR has been lodged with inordinate delay on false allegation only to create pressure against the informant of Case Crime No. 144 of 2001. The reason assigned by the court below does not suffer from any illegality. The application for leave to appeal is hereby rejected.
As leave has been refused as such appeal is dismissed. Order Date :- 27.11.2018 Rahul /-