Court No. - 11
Case :- GOVERNMENT APPEAL No. - 3859 of 2007 Appellant :- State Of U.P.
Respondent :- Vishwanath Singh And Others Counsel for Appellant :- Govt.Adcocate
Hon'ble Ifaqat Ali Khan,J.
Heard Sri Ratan Singh, learned A.G.A. for the State on the Criminal Misc. Leave Application. This leave application is filed for granting of the leave to file the appeal against the judgment and order dated 13.02.2007 passed in Criminal Appeal No. 07 of 2006 (State vs. Vishwanath Singh and others) by Additional Session Judge / Special Sessions Judge (S.C. / S.T.) Etawah.
Perusal of the record shows that there was the cross case between the parties and the accused also sustained injuries but no explanation is given by the prosecution regarding the injuries of accused. It is also held by the court below that it is also not proved that which party was aggressor.
In view of the aforesaid facts and circumstances of the case, it cannot be said that the view taken by the Court below is not possible and plausible thus the judgment of the court below cannot be interfered with by this Court only on account of the fact that another view is possible.
Learned A.G.A. has not been able to point out any illegality or perversity with the findings as recorded by the court below and thus it cannot be said that the view taken by trial court is a perverse view.
Thus in view of aforesaid consistent legal position as elaborated above and also in view of the fact that learned A.G.A. has failed to point out any illegality or perversity with the findings so recorded in the impugned order, no case for interference has been made out. No interference with the impugned judgment and order of acquittal is warranted. Accordingly the application seeking leave to appeal is rejected. Consequently, appeal is also dismissed.
Let a copy of this order be certified to the court concerned for necessary compliance.
Order Date :- 27.7.2018 Swati