State of U.P. v. Jagdish Pandey and Others

Court No. - 13

Case :- GOVERNMENT APPEAL No. - 2786 of 2010

Appellant :- State Of U.P. Respondent :- Jagdish Pandey And Others Counsel for Appellant :- Govt. Advocate

Hon'ble Umesh Chandra Tripathi,J.

This appeal has been filed by the State/appellant with a prayer to grant leave to appeal against the judgment and order dated 17.12.2009 passed by Additional Sessions Judge, Fast Track Court No. 1, Ghazipur whereby the respondents/accused Jagdish Pandey, Jairam Ram and Pappu Ram were acquitted for the offence punishable under Sections 392, 504, 506 IPC and Section 3 (1) (10) SC/ST Act, Police Station Khanpur, District Ghazipur.

As per prosecution version, on 25.2.1999 at about 9:15 AM informant Shivmurat Ram, Advocate was going to Court. Due to civil dispute, accused/respondent Jagdish Pandey, Jai Ram and Pappu have snatched and looted his spectacles, Rs. 25/- and coat and threatened him to compromise in the civil suit. First information report was lodged on an application under Section 156 (3) Cr.P.C. Police has submitted final report against accused persons. On the protest petition filed by the informant, learned trial court has taken cognizance against accused persons.

Learned trial court has held that there is civil dispute between the parties. No independent witness has supported the prosecution version. Witness Mukhtar is relative of informant Shivmurat Ram.

Accordingly, learned trial court has passed the impugned order of acquittal in respect of respondents/accused observing that prosecution version is not natural.