State appealed against acquittal of three accused for assault and contempt offences. Single Judge found no infirmity in the acquittal order and dismissed the appeal and cross-appeal.
Leave to appeal rejected; appeal dismissed.
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Court No. - 13
Case :- GOVERNMENT APPEAL No. - 1487 of 2008
Appellant :- State Of U.P. Respondent :- Sriram And Others Counsel for Appellant :- A.G.A.,Prem Prakash Yadav
Hon'ble Umesh Chandra Tripathi,J.
Heard learned A.G.A. for the State-appellant.
This appeal has been filed by the State/appellant with a prayer to grant leave to appeal against the impugned judgment and order dated 06.11.2007 passed by Additional Sessions Judge, Court No. 2, Azamgarh whereby the respondents/ accused Sriram, Mahangu, Ramji Vishwakarma were acquitted in Sessions Trial No. 324/2001 (State Vs. Sriram and others) for the offence punishable under Sections 323, 504 and 506 I.P.C. and 3(1)(X) of SC/ST Act, Police Station - Pawai, District Azamgarh.
From perusal of impugned judgment, it reveals that First Information Report has been lodged after two days of occurrence without any plausible explanation. It is alleged that accused/respondents Sriram, Mahangu, Ramji Vishwakarma have assaulted informant Raja Ram with blunt object i.e., lathi and danda. There is no visible injury caused to informant Raja Ram.
Accordingly, learned trial court has passed the impugned order of acquittal in respect of respondents/accused.
The view taken by trial court is possible one and based on reasoning.
I find no infirmity in the impugned order passed by the trial court.
In view of above, this application seeking leave to appeal is, accordingly rejected and consequently the appeal is also dismissed .
Order Date :- 14.9.2018
VG..
State Of U.P.
Sriram
Mahangu
Ramji Vishwakarma
Umesh Chandra Tripathi
As recorded by the court registry
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