Court No. - 14
Criminal Misc. Application No of 2007 IN Case :- GOVERNMENT APPEAL No. - 3162 of 2007 Appellant :- State Of U.P.
Respondent :- Smt. Pista W/O Ompal & Others Counsel for Appellant :- Govt. Advocate
Hon'ble Krishna Pratap Singh,J.
This application for leave to appeal has been filed against a judgement and order dated 24.1.2007 passed by the Additional Sessions Judge (FTC) No. 5, Saharanpur in ST No. 587 of 2005 whereby the learned Judge acquitted the opposite parties in a case under Sections 452, 323/34 and 506 IPC, police Station Badgaon, district Saharanpur.
Heard learned Additional Government Advocate and perused the record of the case.
Learned AGA submits that the learned Additional Sessions Judge acquitted the accused on the basis of conjectures and surmises without appreciating the evidence on record in correct perspective.
Learned lower court acquitted the accused on the grounds that it was a cross case in which both sides have received injuries. Learned lower court specifically held the prosecution side as aggressor and that the injuries caused to the prosecution side by the accused was in self defence. Moreover, prosecution has failed to tender any plausible explanation of the serious injuries received by accused Om Pal and Smt. Pista, opposite parties herein.
In view of the aforesaid specific findings recorded by the learned lower court, order of the learned Additional Sessions Judge cannot said to be perverse or unreasonable.
The application for leave to appeal is accordingly rejected.
Application for leave to appeal having been rejected, Government Appeal stands dismissed.
Order Date :- 27.7.2018 Ishrat