Chief Justice's Court
Case :- GOVERNMENT APPEAL No. - 800 of 2018
Appellant :- State Of U.P.
Respondent :- Ram Bhool And Another
Counsel for Appellant :- G.A.
Hon'ble Govind Mathur,Chief Justice Hon'ble Dr. Yogendra Kumar Srivastava,J.
This appeal is preferred to have leave to assail the judgment dated 5th of July, 2018 passed by learned Additional Sessions Judge, Court No. 11, Muzaffarnagar in Sessions Trial No- 289 of 2012.
By the judgment impugned the trial court convicted the accused persons for the offence punishable under Section 323/34 and 452 of the Indian Penal Code but acquitted from the charge relating to offence punishable under Section 302/34, 504 and 506 of the Indian Penal Code.
The argument advanced by learned Additional Govt. Advocate that the trial court failed to appreciate the medical evidence available on record and also the other ocular evidence adduced during the course of trial. It is asserted that Ali Sher succumbed to death as a consequence to the injuries occurred during course of the incident under consideration.
On going through the facts of the case and the evidence unfolded in the judgment impugned, we do not find any merit in the argument advanced. The incident in question occurred on 15th of August, 2011 and injured Ali Sher died on 26th of August, 2011. As per the report of autopsy, the cause of death was septicaemia, arrived due to injury nos. 1 and 2. These injuries are of simple nature.
As per medical evidence it is only the septicaemia that caused death of Ali Sher and not the ante-mortem injuries.
The medical evidence available on record does not indicate commission of any offence punishable under Section 302 I.P.C.
In view of the aforesaid we do not find any just reason to grant the leave, as prayed for, in the application.
Leave application is dismissed.
Order Date :- 27.11.2018 Rohit
(Dr. Y.K. Srivastava, J.) (Govind Mathur, C.J.)