Court No. - 50
Case :- GOVERNMENT APPEAL No. - 4233 of 2002 Appellant :- State Of U.P.
Respondent :- Sonpal & Others Counsel for Appellant :- Jagdish Tewari
Hon'ble Harsh Kumar,J.
The application for leave to appeal has been filed by State seeking leave to file appeal against the judgement and order of acquittal dated 3.5.2002, in Criminal Case No.41 of 2000, passed by learned Addl. Chief Judicial Magistrate (Court No.38), Agra, acquitting the accused respondents of offences u/s 323, 324, 504 IPC.
Heard learned A.G.A. and perused the record.
Upon hearing learned A.G.A. and perusal of record, I find that learned Magistrate has discussed the prosecution evidence on record in detail and has found that the medical examination of the injuries of wife of first informant has been made at District Hospital, Agra, instead of nearby P.H.C., Barhan, and there is no supplementary X-ray report of the injury report. Admittedly, the first informant and his wife, both have old enmity with accused respondents and P.W. 4 Radhe Lal was also on inimical terms with accused persons. The first informant has admitted in his cross- examination that there is a dispute over plot between the first informant and accused respondent-Sonpal, which plot was allegedly purchased by first informant from Mahesh (not accused), the brother of accused respondent-Sonpal, but the same plot was purchased by Sonpal in Government auction and since Mahesh has not returned his money, he is having enmity with accused respondent-Sonpal and his brother, Mahesh. The independent witness Natthi Lal has not been produced without assigning any reasons and in such circumstances, the trial court has rightly disbelieved the prosecution case and has acquitted the accused persons giving them benefit of doubt.
Upon considering the material on record, I do not find any illegality, irregularity and incorrectness in the impugned order.
It is settled principle of law as held by Hon'ble the Supreme court in the case of K. Prakashan Vs. P.K. Surenderan, (2008) 1 SCC 258 "When two views are possible, appellate Court should not reverse the Judgment of acquittal merely because the other view was possible. When Judgment of trial Court was neither perverse, nor suffered from any legal infirmity or non consideration/misappropriation of evidence on record, reversal thereof by High Court was not justified".
In view of discussions made above, I have come to the conclusion that the learned AGA has failed to show any legal infirmities, incorrectness or perversity in the impugned order of acquittal and there is no sufficient ground for interfering with or setting it aside the impugned order of acquittal and substituting it with conviction order and there is no sufficient ground for granting leave to file appeal. The application for leave to file appeal has no force and is liable to be dismissed.
The application for leave to file appeal is dismissed, accordingly and the appeal also stands dismissed.
Order Date :- 24.4.2018 Shalini Order on Memo of Appeal Hon'ble Harsh Kumar,J.
Dismissed.
For order, see order of date passed on application for leave to file appeal.
Order Date :- 24.4.2018 Shalini