Court No. - 11
Case :- GOVERNMENT APPEAL No. - 4472 of 2007 Appellant :- State Of U.P.
Respondent :- Hari Prasad Diwakar And Another 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 appeal to file the appeal against the judgement and order dated 27.02.2007 passed in Sessions Trial No. 300 of 2004 (State Vs. Hari Prasad and another) under Section 306 IPC passed by Additional District Judge, Court No. 4, Kanpur Nagar.
The facts of this Case are that the deceased Shivkant molested the three years old daughter of Vinit Kumar Mishra due to it there were arguments between Mamta and Puspa Devi due to which deceased Shivkant felt himself extremely humiliated and committed the suicide.
Perusal of the record shows that there is no evidence in the file to accept that any abatement was made by the respondent Hari Prasad Diwakar and Puspa Devi to Shivkant to commit the suicide. There is no illegality or perversity in the judgement. It cannot be said that the view taken by the Court below is not a possible and plausible view. No case of indulgence is made out. Hence, the application for leave is rejected.
Consequently, the appeal is rejected.
Order Date :- 27.7.2018 Sweety kanojia/Kamarjahan