Court No. - 47
Case :- GOVERNMENT APPEAL No. - 6400 of 2006 Appellant :- State Of U.P.
Respondent :- Liyakat & Others Counsel for Appellant :- Govt. Advocate
Hon'ble Ram Surat Ram (Maurya),J. Hon'ble Anil Kumar-IX,J.
(Order on the application to grant leave of the appeal) Heard Additional Government Advocate for State.
This government appeal has been filed against the judgment of acquittal dated 7.7.2006 passed by Additional Sessions Judge/ Fast Tract Court No. 4, J. P. Nagar in S.T. No. 70 of 2005 (State Vs. Liyakat and others).
The incident is alleged to have taken place on 5.1.2005 at 09:30 PM between Paan river canal bridge and Sikariya bridge on the road side of canal. FIR of the incident was lodged on the same day at 11:20 PM. In the incident Veer Singh, PW-4 received injury and medical examination of the injuries were done on 5.1.2005 at 11:45 PM. The prosecution case as stated in the FIR is that on 5.1.2005, the informant and his companion Constable were going to serve a summon as well as petrolling duty, as soon as they reached between Paan river canal bridge and Sikaria bridge then 5-6 miscreants armed with danda and country made pistol came from the front side and in order to snatch the motorcycle they opened fire upon the informant which hit Veer Singh, who was pillion rider on the motor cycle. In order to prove the prosecution case, the prosecution examined Kamalkant (PW-1), the informant, Dr. Gyan Singh (PW-2), to prove the injury report of Veer Singh, SI Rajaram (PW-3), Constable Veer Singh (PW-4), the injured witness, SI Ashraf Ali (PW-5) and Constable Clerk Shiv Charan Singh (PW-6). The trial court after hearing the parties by the impugned judgement found that this was a night incident and nobody was named in the FIR. Although SI Ashraf Ali (PW-5) has stated that test identification parade of the accused were done in the jail but the papers relating to test identification parade has not been filed. There is contradiction in the statement of the witnesses. From the statements of the witnesses date time and place of the incident has not proved beyond reasonable doubt. Hence the accused were acquitted by judgement dated 7.7.2006.
We have considered the arguments of Additional Government Advocate and perused the records.
This was a night incident and nobody was named in the FIR. The incident as alleged, has taken place on 5.1.2005 at 09:30 PM on the road side of canal, therefore, huge fog might be at the time of incident as such it was not possible for the informant and Veer Singh (PW-4) to recognize any of the miscreants. Therefore papers relating to test identification parade of the accused has not been produced in the Court. So far as recovery of weapon from the accused is concerned, no case under Section 25 of Arms Act was registered nor any proceeding has been taken in respect of it. Thus recovery of weapon is of no importance. There is no illegality with the findings recorded by the court below. No interference is required by this Court. The application for leave to appeal is hereby rejected.
As leave has been refused as such the appeal is dismissed. Order Date :- 27.11.2018 Rahul /-