Court No. - 45
Case :- GOVERNMENT APPEAL No. - 3207 of 2012 Appellant :- State Of U.P.
Respondent :- Rambhawan Patel Counsel for Appellant :- Govt. Advocate
Hon'ble Shashi Kant Gupta,J. Hon'ble Ajit Kumar,J.
Heard learned A.G.A. for the State appellant/applicant and perused the material on record.
This application has been filed by the State appellant/applicant with the prayer that leave to appeal may be granted against the judgement and order dated 11.05.2002, passed in Sessions Trial No. 33 of 2011 (State Vs. Rambhawan Patel), arising out of Case Crime No. 466 of 2010, under Sections 364, 504, 506 IPC, P.S. Raunapar, District Azamgarh by the learned Additional Sessions Judge, Court No. 7, Azamgarh whereby the accused respondent has been acquitted for the offence punishable under the sections referred to above.
A perusal of the record shows that the incident is said to have occurred on 24.07.2010 at about 9.30 hours, when the informant was alone at her home, accused-respondent came to her house and abused her by saying that her husband is spreading false rumour about him in the village. He extended threat to his life. From the perusal of evidence of prosecution witnesses i.e. PW- 1 Khojal Singh, PW-2 Sarfaraz Ahmed, PW-3 Jawahar Yadav, PW-4 Abhiram Singh, PW-5 Jahendra Yadav and PW-9 Subabh Yadav, it transpires that the story of prosecution was not at all supported by them and this Court has failed to understand as to why the present appeal against the acquittal has been filed. Perusal of record shows that according to the victim, he was abducted by Rambhawan Patel along with one person and was beaten by them, but somehow managed to escape from their clutches and went to Bombay where he stayed for more than a year without even informing about his family members including his wife (informant) about his whereabouts. Prosecution witnesses of fact have not supported the prosecution case, therefore, prosecution failed to establish any enmity between the accused and the victim.
Learned A.G.A. has miserably failed to pin point any illegality in the order passed by the court below.
The court below has given cogent, convincing and satisfactory reasons while passing the order of acquittal. The impugned judgment and order passed by the court below does not suffer from any infirmity.
We, therefore, do not consider it to be a fit case for grant of leave to appeal to the applicant. The application seeking leave to appeal is, accordingly, rejected and, consequently the appeal is also dismissed.
Order Date :- 23.2.2018 IrfanUddin