Court No. - 13
Case :- GOVERNMENT APPEAL No. - 4512 of 2009 Appellant :- State Of U.P.
Respondent :- Ram Nath Rajbhar And Another Counsel for Appellant :- GA
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 judgment and order dated 17.3.2009 passed by Additional Sessions Judge/Special Judge (S.C./S.T. Act), Fast Track Court No. 1, Mau whereby the accused/respondents Ram Nath Rajbhar and Raj Nath Rajbhar were acquitted for the offence punishable under Sections 323/34, 452, 504, 506 IPC and Section 3 (1) (10) S.C./S.T. Act, Police Station Ghosi, District Mau.
As per prosecution version, on 10.9.1999 at about 4:30 PM accused/respondents Ram Nath Rajbhar and Raj Nath Rajbhar asked Girish Kumar son of informant Smt. Phulmati Devi to bring liquor but he denied to do so. Accused/respondents assaulted Girish Kumar with blunt object i.e. lathi and danda (sticks), due to which he sustained injuries.
Except informant, other all witnesses have turned hostile and did not support the prosecution version. There is material contradiction in the statements of witnesses of fact. Accordingly, learned trial court acquitted the accused-respondents.
Perused the impugned judgement. The view taken by the learned trial court is a possible view based on reasoning.
In view of above, this application seeking leave to appeal is, accordingly rejected and, consequently the appeal is also dismissed.
Order Date :- 27.7.2018 Jaswant