Court No. - 13
Case :- GOVERNMENT APPEAL No. - 2916 of 2001 Appellant :- State Of U.P. Respondent :- Kishore And Others Counsel for Appellant :- R.P. Dubey
Hon'ble Umesh Chandra Tripathi,J.
This appeal has been filed by the State/appellant with a prayer to grant leave to appeal against the impugned judgment and order of dated 19.05.2001 passed by Additional Sessions Judge, Ghaziabad, whereby the respondents/ accused were acquitted in Sessions Trial No. 713/1997 (State Vs. Kishore and others) for the offence punishable under Sections 323, 324, 308 I.P.C., Police Station - Sihani Gate, District- Ghaziabad.
As per prosecution version, on 28.06.1996 at about 2:30 p.m. Kishore and Om Kar having sharp edged weapons Farsa and respondent no. 2 Ram Singh and respondent no. 4 Kiranpal having sharp edged weapons knife in their hand assaulted Surendra, Jitendra and Rekha due to which they sustained injuries.
According to medical report, Km. Rekha has sustained no visible injury. She has made complaint of pain on her thigh. One injury to Surendra and one injury to Jitendra have been caused by blunt object not by sharp-edged weapon. Only two injuries of injured Surendra and Jitendra have been caused by sharp-edged weapon. Testimonies of witnesses of facts is not corroborated by medical evidence.
Accordingly, learned trial court has acquitted the respondents/accused for the offence punishable 323, 324, 308 I.P.C.
The view taken by trial court is possible and not perverse.
In view of above, this application seeking leave to appeal is, accordingly rejected and consequently the appeal is also dismissed.
Order Date :- 26.7.2018 Sharad/-