Chief Justice's Court
Case :- GOVERNMENT APPEAL No. - 768 of 2018 Appellant :- State Of U.P.
Respondent :- Umrao Singh @ Raju Bundela Counsel for Appellant :- G.A.
Hon'ble Govind Mathur,Acting Chief Justice Hon'ble Chandra Dhari Singh,J.
This leave application is preferred to appeal the judgment dated 26.7.2018 passed by the Additional Sessions Judge, Court No. 3, Jhansi in Sessions Trial No. 314 of 2014.
By the judgment impugned learned trial court recorded conviction of the accused respondent Umrao Singh @ Raju Bundela for the offence punishable under Section 304 (Part-II) IPC and sentence to undergo seven years rigorous imprisonment with a fine stipulation.
The argument advanced by learned Additional Government Advocate is that trial court erred while acquitting the accused respondent for an offence punishable under Section 302 IPC. It is stated that as per medical evidence available on record the injury caused by the accused respondent was sufficient to cause death in natural course and, as such, the offence punishable under Section 302 IPC stands established.
We do not find any merit in the argument advanced. It would be appropriate to state that instant one is a case of single blow. The blow aforesaid though was given on head but there is no evidence available on record to establish that the accused respondent was intending to cause death of deceased Ghanshyam. It is also pertinent to notice that all the three eye witnesses on whom the trial court relied upon in quite unambiguous term stated that the entire incident occurred at the spur of moment and the accused persons were not armed with any firearm or other fatal weapon.
With the evidence available on record and appreciation thereof we do not find any just reason to grant the leave, as prayed for.
Leave application, as such, is dismissed.
Order Date :- 30.10.2018 Shekhar [Chandra Dhari Singh, J.] [Govind Mathur, A.C.J.]