Court No. - 26
Case :- GOVERNMENT APPEAL No. - 4051 of 2009 Appellant :- State Of U.P.
Respondent :- Khaim Singh And Others Counsel for Appellant :- G.A.
Hon'ble Om Prakash-VII,J.
Heard learned A.G.A. and perused the entire record.
Submission of learned A.G.A. is that prosecution proved its case beyond reasonable doubt. Prosecution witnesses examined in the matter have supported the prosecution case. Learned trial court illegally appreciating the prosecution evidence acquitted the accused respondents for the offence under Sections 147, 504, 506 I.P.C. and 3(i)(x) SC/ST Act. Thus prayer was made to grant leave to appeal.
I have considered the submissions and perused the record.
In this matter, as is evident from the record, accused- respondents have been convicted for the offence under Section 323 read with Section 149 I.P.C. but they were acquitted under Section 147, 504, 506 I.P.C. and 3(i)(x) SC/ST Act. Submission of learned AGA that acquittal for the offence under Section 147 I.P.C. is out of imagination which is contrary to the finding recorded by the trial court itself.
In view of the above, I find it a fit case to grant leave to appeal. Thus leave to appeal is allowed.
Since leave to appeal has been allowed, appeal is also admitted. Issue notice to the respondents.
Summon the lower court record. List after four months.
Order Date :- 24.8.2018 A.N. Mishra