Court No. - 13
Case :- GOVERNMENT APPEAL No. - 2864 of 2008 Appellant :- State Of U.P.
Respondent :- Surendra Alias Guddu And Others Counsel for Appellant :- Government Advocate
Hon'ble Umesh Chandra Tripathi,J.
This appeal has been filed by the State/appellant with a prayer to grant leave to appeal against the judgment and order dated 22.1.2008 passed by Special Judge (D.A.A.), Banda whereby the accused/respondents Surendra @ Guddu, Kallu @ Ram Lal and Ajju @ Ajai were acquitted for the offence punishable under Sections 387, 504 and 506 IPC, Police Station Kotwali Nagar, District Banda.
As per prosecution version, accused/respondents Surendra @ Guddu, Kallu @ Ram Lal and Ajju @ Ajai had committed murder of Gulab Singh retired D.S.P., who was maternal uncle of complainant Munna Singh on 18.7.2001. Accused/respondents had come in court in police custody at about 1:30 PM, they demanded Rs. 2 lakh from the informant and threatened him to kill otherwise.
On the basis of delay in lodging the FIR without any explanation and material contradictions in the statements of witnesses of fact and prosecution version being unnatural, learned trial court acquitted the accused-respondents.
Perused the impugned judgement. The view taken by the learned trial court is a possible view based on reasoning.
In view of above, this application seeking leave to appeal is, accordingly rejected and, consequently the appeal is also dismissed.
Order Date :- 27.7.2018 Jaswant