This government appeal challenges an order acquitting accused of sections under the IPC. The High Court found the trial court's reasoning conclusive and no infirmity present.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Court No. - 13
Case :- GOVERNMENT APPEAL No. - 1515 of 2008
Appellant :- State Of U.P. Respondent :- Gopi Nath & Others Counsel for Appellant :- Govt. Advocate
Hon'ble Umesh Chandra Tripathi,J.
Heard learned A.G.A. for the State-appellant.
By way of instant government appeal, prayer has been made on behalf of State-appellant to grant leave to appeal against the judgment and order dated 27.09.2007 passed by Sessions Judge, Mirzapur in Sessions Trial No. 140 of 2003 (State v. Gopinath and others) whereby the accused-respondents - Gopi Nath, Ravindra Nath and Jitendra Kumar were acquitted of the charges under Sections 147, 323/149, 325/149, 504, 506 and 308/149 of the Indian Penal Code, Police Station - Pandari, District - Mirzapur.
From the perusal of impugned judgment and order, it reveals that cross case of this offence was also pending, wherein Shobhnath, Ram Lalit, Shiv Lalit and Krishna Kumar are the accused.. From the accused side, accused - Jitendra Kumar has also sustained firearm injury and other co-accused - Gopi Nath and Ravindra Nath have sustained injuries by blunt object 'lathi-danda' . Injuries caused to the accused were not explained by the prosecution.
The view taken by the learned trial court is possible one, based on reasoning. Accordingly, I find no infirmity in the impugned order passed by the trial court.
In view of above, the application seeking leave to appeal is rejected and consequently, the instant appeal stands dismissed .
Order Date :- 30.8.2018 I. Batabyal
State Of U.P.
Gopi Nath
Ravindra Nath
Jitendra Kumar
Umesh Chandra Tripathi
As recorded by the court registry
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