Court No. - 13
Case :- GOVERNMENT APPEAL No. - 2897 of 2001 Appellant :- State Of U.P.
Respondent :- Hari Shankar And Others Counsel for Appellant :- R.P. Dubey
Hon'ble Umesh Chandra Tripathi,J.
This appeal has been filed by the State/appellant with a prayer to grant leave to appeal against the impugned judgment and order of dated 26.05.2001 passed by learned Sessions Judge, Mirzapur, whereby the respondents/ accused were acquitted in Sessions Trial No. 56/1992 (State Vs. Hari Shankar and others) for the offence punishable under Sections 147, 323, 325 I.P.C., Police Station - Vindhyachal, District Mirzapur.
As per prosecution version, on 09.08.1988 at about 8:00 a.m. Hari Shankar, Chintamani, Subhash Chand, Krishnanand, Mukhtar were constructed pathway on the land which belongs to the informant Santosh Kumar. On the objection made by Rajmani and Lalmani to construct path, accused person assaulted Rajmani, Lalmani, Laxminarayan, Ramnarayan and Vidyasagar, due to which they sustained injuries.
Cross case of this incident has been lodged at Case Crime No. 327/1988, under Sections 147, 148, 149, and 302 I.P.C. against Rajmani, Lalmani, Laxminarayan, Ramnarayan and Vidyasagar. This F.I.R. has been lodged with inordinate delay of one month without any explanation. From the accused side, Rajmani died and Chintamani, Shail Kumari, Subhash Chand and Phool Chand sustained injuries. Injuries sustained by accused side, were not explained by the prosecution. Accordingly, trial court has passed the impugned order of acquittal.
The view taken by trial court is possible and not perverse.
In view of above, this application seeking leave to appeal is, accordingly rejected and consequently the appeal is also dismissed.
Order Date :- 26.7.2018 Sharad/-