Court No. - 13
Case :- GOVERNMENT APPEAL No. - 2301 of 2001 Appellant :- State Of U.P.
Respondent :- Roshan & Others Counsel for Appellant :- R.P. Dubey,A.G.A.
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 30.04.2001 passed by VIth Additional Chief Judicial Magistrate, Ghaziabad whereby the accused- respondent - Roshan, Gajram and Harpal were acquitted of the charge under Section 323/34, 307/34, 325/34 and 506(2) of the Indian Penal Code, Police Station - Thakurdwara, District - Moradabad.
As per prosecution version, on 18.06.1996, informant Jaipal Singh, his brothers - Subhash and Devendra and father Poleen were working in their plot. At about 06.00 P.M., the accused- respondents - Roshan, Gajram and Harpal, along with other co- accused, having 'lathi', 'ballam', 'gadasi' and a 12-bore unlicensed gun, went to the plot of informant Jaipal Singh and started abusing the informant, his brothers and father. Accused Harpal fired on the informant, but he barely managed to escape. Thereafter, accused Gajram having 'ballam', Manish having 'lathi' and Roshan having 'gadasi' assaulted the informant, his brothers and father, with intention to kill them, due to which they sustained injuries.
As per the medical report of the injured, no injury is caused to any of the injured with sharp-edged weapon or firearm.
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 :- 26.7.2018 I. Batabyal