Court No. - 41
Case :- GOVERNMENT APPEAL No. - 2309 of 1997 Appellant :- State Of U.P.
Respondent :- Indrapal Counsel for Appellant :- Vijay Shanker Misra
Hon'ble Harsh Kumar,J.
Heard learned A.G.A. for the State and perused the record.
The appeal has been moved against the impugned judgment and order dated 11.7.1997 passed by Judicial Magistrate, Firozabad in Case No.1347 of 1996 (State Vs. Indrapal) under Sections 279, 304A & 427 I.P.C., by which learned Magistrate has convicted the accused-respondent Indrapal for the charges under aforesaid sections and sentenced him with fine of Rs.500/- under each sections.
Upon hearing learned A.G.A. and perusal of record, I find that in case under Section 279, 427 & 304A I.P.C. upon confession by the accused-respondent Indrapal the learned trial court has held him guilty and upon conviction sentenced him with fine of Rs.500/- under each sections. Feeling aggrieved with which the State has preferred this appeal for enhancement of the sentence. I am of the considered view that there is absolutely no sufficient ground for granting leave to file appeal.
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 and there is no sufficient ground for interfering with or setting it aside the impugned order and no sufficient ground to grant leave to file appeal.
The appeal has no force and is liable to be dismissed. The appeal is dismissed, accordingly.
Lower court record, if summoned, be sent back to court concerned along with a copy of this order.
Order Date :- 31.10.2018 Kpy