Court No. - 41
Case :- GOVERNMENT APPEAL No. - 2580 of 2001 Appellant :- State Of U.P. Respondent :- Khushal & Others Counsel for Appellant :- R.P Dubey
Hon'ble Harsh Kumar,J.
Heard learned A.G.A. for the State and perused the record.
The application has been moved for leave to file appeal against the impugned judgment and order dated 13.3.2001 passed by IXth Additional Sessions Judge, Varanasi in Sessions Trial No.269 of 1997, Case Crime No.44 of 1993, under Sections 308, 323, 504 I.P.C., P.S. Balua, District Varanasi, by which learned trial court has acquitted the accused-respondent for the charges under Sections 308, 323, 504 I.P.C.
Upon hearing learned A.G.A. and perusal of record, I find by the impugned judgment and order the learned trial court has acquitted the respondent nos.1 to 4 from the charges under Sections 323/34, 308/34 & 504 I.P.C. for the alleged incident dated 14.11.1992 which is alleged to have taken place over a dispute between first informant Chingadu and the respondents.
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 of acquittal and there is no sufficient ground for interfering with or setting it aside the impugned order of acquittal and substituting it with conviction order and no sufficient ground to grant leave to file appeal.
The application u/s 378 (3) Cr.P.C. has no force and is liable to be dismissed.
The application u/s 378 (3) Cr.P.C. for leave to file appeal is dismissed accordingly and the appeal also stands dismissed.
Order Date :- 31.10.2018 Kpy
Order on Memo of Appeal Hon'ble Harsh Kumar,J. Dismissed.
For order, see order of date passed on application for grant of leave to file appeal.
Order Date :- 31.10.2018 Kpy