Court No. - 11
Case :- GOVERNMENT APPEAL No. - 7756 of 2008 Appellant :- State Of U.P. Respondent :- Tika Ram Dubey Counsel for Appellant :- G.A.
Hon'ble Ifaqat Ali Khan,J.
Heard Sri Ratan Singh, learned AGA on the leave application. This application is moved for grant of leave to file appeal against the judgment and order dated 3.5.2008 passed by Additional Sessions Judge/FTC NO. 3, Gorakhpur in Special Sessions Trial No. 207 of 2006 (State Vs. Tika Ram Dubey) under section 5 of Explosive Substance Act.
The prosecution case is that on 21.11.2003 on the information of informer, police party raided the house of Taka Ram Dubey and recovered four bombs which was being kept there with the intention to kill some persons.
The court below has observed that the police party raided the house of Tika Ram Dubey at 4:00 pm and his house is situated within the Abadi and the police has raided the house on the prior information received from informer even then neither any public witness is procured by the police nor any effort is made about it. There are many contradiction in the statement of the prosecution witness. Considering this facts, the lower court has passed the judgment of acquittal. There is no illegality or irregularity in the impugned judgment dated 3.5.2008. It cannot be said that view taken by the lower court is not a possible or plausible view. There is no perversity in the impugned order and there is no ground of indulgence in the impugned judgment. Hence the application for leave is rejected. Consequently, the appeal is rejected.
Order Date :- 27.7.2018 SKS