Court No. - 13
Case :- GOVERNMENT APPEAL No. - 2294 of 2001 Appellant :- State Of U.P.
Respondent :- Sunil Counsel for Appellant :- R.P. Dubey
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 24.03.2001 passed by IInd Additional Sessions Judge, Jhansi whereby the accused-respondent - Sunil was acquitted of the charge under Section 3/5 of The Explosive Substances Act, 1908 Police Station - Prem Nagar, District - Jhansi.
As per prosecution version, 08.06.1998 at about 11 A.M., accused-respondent Sunil was arrested by the police and two hand grenades which were bind together by 'sutli' and white thread, was recovered from his possession.
Learned trial court has acquitted the accused-respondent on the ground that there is no public witness of the alleged recovery. The recovery memo (Ex.Ka.1) is frivolous as signature of respondent is above and not below the note in which it is mentioned that copy of the memo is provided to the accused- respondent. This shows that copy of recovery memo has not been supplied to him.
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