Court No. - 11
Case :- GOVERNMENT APPEAL No. - 7736 of 2008 Appellant :- State Of U.P.
Respondent :- Kamlesh Yadav Counsel for Appellant :- Govt. Advocate
Hon'ble Ifaqat Ali Khan,J.
Heard Sri Ratan Singh, learned AGA appearing for the State, on the application seeking leave to appeal against the judgment and order dated 17.06.2008 passed by Additional Sessions Judge, Court No. 2 Azamgarh, in Sessions Trial No. 389 of 1996, (State of U.P. Vs. Kamlesh Yadav), under sections 324/506 IPC and Section 3 (1) (10) Scheduled Caste & Scheduled Tribes (Prevention of Atrocities) Act by the impugned judgment accused/respondent was acquitted.
The prosecution case is that on 20.03.1994 at 6:00 P.M she had gone to ease herself at pulse crop field and there one Kamlesh Yadav was setting at arahar crop, who kept on enmity on account of abadi land with the informant, and just after as he saw complainant has started hurling bad abuses to her and when informant forbade him not to abuse then in response accused Kamlesh Yadav caused injuries by sharp edged khurpi on her head.
From the perusal of record it reveals that there was no injury of sharp edged weapon on the body of Nirmala Devi. In the medical examination only two injuries were found on the body of Nirmala Devei and both injuries are abrasion. Admittedly there is enmity between the parties and they are neighbour.
Considering these facts it cannot be said that there is illegality or irregularity in the impugned judgment. It also cannot be said that view taken by the court below is not a possible and plausible view.
Hence no indulgence in the impugned judgment is required, therefore, the application seeking leave to appeal is rejected and subsequently appeal is also rejected.
Order Date :- 27.7.2018 Vikram