This revision was filed by Sushil Kumar against an order of acquittal dated 30.05.1990 passed by Ist Additional Sessions Judge, Etawah. The High Court found that the prosecution failed to prove its case beyond reasonable doubt due to contradictions in evidence. Consequently, the revision was dismissed with no relief granted.
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Court No. - 45
Case :- CRIMINAL REVISION No. - 1552 of 1990
Revisionist :- Sushil Kumar Opposite Party :- Om Prakash & Another Counsel for Revisionist :- G.P. Dikshit Counsel for Opposite Party :- A.G.A.
Hon'ble Siddharth,J.
This revision is directed against the order of acquittal dated 30.05.1990 passed by Ist Additional Sessions Judge, Etawah, in Sessions Trial No. 9 of 1989, under Sections 147/148/302/149 I.P.C. Notices have not been issued in this case since the year 1990.
A perusal of the judgement and order of the learned trial Court shows that the prosecution failed to bring the correct version of the occurrence on record. The Court below has considered the entire evidence on record and has found that the prosecution has failed to prove its case beyond reasonable doubt. The evidence on record is full of contradictions and the prosecution version has been found to be doubtful.
In view of the above, this revision fails and is accordingly dismissed .
Office is directed to communicate the order to learned Court below within a period of two weeks.
Order Date :- 1.12.2018 M/A.
2 issues framed by the court
Whether the revision against the order of acquittal should be allowed or dismissed given the Prosecution's failure to prove case
Whether the evidence on record was sufficient to sustain a conviction under Sections 147/148/302/149 IPC
1 provisions across 1 enactments
Sushil Kumar
Om Prakash & Another
Siddharth
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
