Court No. - 50
Case :- GOVERNMENT APPEAL No. - 3331 of 2005 Appellant :- State Of U.P.
Respondent :- Suchit And Others Counsel for Appellant :- Govt. Advocate
Hon'ble Harsh Kumar,J.
The application for leave to file has been filed against impugned judgement and order dated 6.4.2005, passed by 1st Additional District Judge, Ghazipur in Sessions Trial No.715 of 2003 (State vs. Suchit and others), u/s 323, 504, 506 IPC, P.S.-Mohammadabad, District Ghazipur.
Heard learned A.G.A. and perused the record.
Upon hearing learned A.G.A. and perusal of the record, I find that learned trial court has analysed and discussed the prosecution evidence in detail and came to the conclusion that free fight took place between the prosecution party and the accused persons, and prosecution has failed to prove that accused persons were aggressors and consequently, the learned trial court acquitted the accused persons for the offences u/s 323, 504, 506 IPC in respect of the criminal proceeding dated 4.11.2003.
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 in the mater relating to 25 years old petty incident 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 :- 30.5.2018 Shalini .
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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 :- 30.5.2018 Shalini