Hon'ble Shashi Kant,J.
Heard learned A.G.A. for the State of U.P. and perused the record.
This application for granting the leave to appeal has been filed against the judgment and order dated 10.04.1997 passed by VI Additional District and Sessions Judge, Bijnor in S.T. No. 340/1996, whereby the accused respondent has been acquitted for the offence punishable under sections 307 I.P.C.
Having heard learned A.G.A. for the State of U.P. and perusing the lower court's record, it reveals that the F.I.R. of this case has been lodged by Om Prakash, P.W.1 on 18.07.1996 at 9:45 p.m. in respect of the incident allegedly occurred on 18.07.1996 at 9:00 p.m. The accused respondent is named in the F.I.R.. The distance of the police station was about one k.m. from the place of the incident.
It is alleged that the accused respondent caused injuries on the person of the injured Subhash by using knife blow. The injured was medically examined on 18.07.1996 at 11:45 p.m. According to the medical examination report he had sustained two incised wound in which injury no. 1 one incised wound 4.5 c.m. x 2.5 c.m. into deep probing not down on left side of the chest and injury no. 2 was incised wound 1 c.m. x .2 c.m. x muscle deep of left side of chin. Injury no. 1 was kept under observation and advised for X-ray. The other injury was simple in nature caused by sharp edged weapon.
At the stage of the trial, the first informant has been examined as P.W.2 and injured Subhash has been examined as P.W.4. They have been supported the prosecution story, whereas, P.W. 1 Harpal has not supported the prosecution story and he has been declared hostile. So far as P.W.3 Madan Pal is concerned, according to his deposition, he reached at the placed the incident on hue and cry. It is a case in which injured has supported the prosecution story and the F.I.R. has promptly lodged.
Therefore, the findings of acquittal recorded by trial court requires reconsideration, therefore, leave to appeal is granted and application for leave to appeal is allowed.
The application for leave to appeal is accordingly allowed.
Order Date :- 18.2.2014 Monika/Leave to appeal Court No. - 42 On memo of appeal.
Case :- GOVERNMENT APPEAL No. - 2474 of 1997 Appellant :- State Of U.P.
Respondent :- Sajid S/O Saddiq Counsel for Appellant :- Vijay Shanker Mishra Hon'ble Ravindra Singh,J.
Hon'ble Shashi Kant,J.
Heard learned A.G.A. for the State of U.P. and perused the record.
Application for granting leave to appeal is allowed today.
Admit.
Issue bailable warrants against the accused respondent through C.J.M. Bijnor returnable within a period of six weeks from today. In case, the accused respondent appears before the Court of C.J.M. Bijnor and furnishes bail bonds to the satisfaction of the court concerned, he shall be released on bail on undertaking that he shall appear before this court on 10.04.2014 List on 10.04.2014.
Order Date :- 18.2.2014 Monika