Court No. - 13
Case :- GOVERNMENT APPEAL No. - 8292 of 2007 Appellant :- State Of U.P.
Respondent :- Raju Pandey And Others Counsel for Appellant :- Govt.Advocate
Hon'ble Umesh Chandra Tripathi,J.
Heard learned A.G.A. for the State-appellant.
By way of instant government appeal, prayer has been made on behalf of State-appellant to grant leave to appeal against the judgment and order dated 20.08.2007 passed by Special Judge SC/ST (P.A.) Act, Additional Sessions Judge, Court No. 2, Chitrakoot whereby the accused-respondents - Raju Pandey, Ramkesh @ Boondi and Ram Lakhan were acquitted of the charge under Sections 323, 504, 506 of the Indian Penal Code and Section 3(1)10 of S.C./S.T. (Prevention of Atrocities) Act, 1989 Police Station - Karvi, District - Chikrakoot.
As per prosecution version, on 21.01.2005 at about 06.00 A.M., accused-respondents - Raju Pandey, Ramkesh @ Boondi and Ram Lakhan hurled abuses and assaulted informant Ashok Kumar, who was a member of the Scheduled Caste. On alarm being raised by the informant, other persons came on the spot.
Learned trial court held that first information report is lodged with an inordinate delay, for which no plausible explanation was put forth by the prosecution. In his cross-examination, the informant could not state the time of the occurrence. Moreover, eye-witness Vansh Gopal could not identify the weapons used by the accused-respondents in commission of the crime in question. On the basis of contradiction in the statement of witness of fact, learned trial court has acquitted the accused- respondents.
The view taken by the learned trial court is possible one, based on reasoning.
In view of above, the application seeking leave to appeal is rejected and consequently, the instant appeal stands dismissed.
Order Date :- 27.7.2018 I. Batabyal