Court No. - 13
Case :- GOVERNMENT APPEAL No. - 2027 of 2001 Appellant :- State Of U.P.
Respondent :- Smt. Ishwari Devi And Another Counsel for Appellant :- G.A.
Hon'ble Umesh Chandra Tripathi,J.
Heard learned A.G.A. for the State-appellant.
By way of instant government appeal, prayer has been made on behalf of State-appellant to grant leave to appeal against the judgment and order dated 17.01.2001 passed by IIIrd Additional Chief Judicial Magistrate, Etawah whereby the accused- respondents - Ishwari Devi and Kumari Mamta were acquitted of the charge under Sections 323, 324 and 504 of the Indian Penal Code (in short 'IPC'), Police Station - Chaubiya, District - Etawah.
As per prosecution version, on 11.04.1997, accused- respondents - Ishwari Devi and Kumari Mamta assaulted informant Sashi Kumari by blunt object 'danda' (stick), due to which she sustained injury.
Learned trial court has acquitted the accused-respondents on the ground that injury is not proved. Informant Shashi Kumari had sustained injury by sharp-edged 'kulhadi' (axe).
Non-cognizable offence under Sections 323 and 504 of IPC was lodged against the accused-respondents. Time of occurrence is not mentioned in the F.IR. Informant Sashi Kumari stated before the court that she had sustained injury by blunt object. However, in medical report it is mentioned that injury caused to the informant was caused by sharp-edged weapon. Medical report of the informant was also not proved.
The view taken by the learned trial court is possible one, based on reasoning. I find no infirmity in the judgment and order of acquittal passed by the trial court.
In view of above, the application seeking leave to appeal is rejected and consequently, the instant appeal stands dismissed.
Order Date :- 26.7.2018 I. Batabyal