The High Court rejected the application for leave to appeal against an order of acquittal. The court held the trial court's view was possible and reasoned accordingly, dismissing the state's appeal.
Leave to appeal is rejected and the appeal is dismissed.
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Court No. - 13
Case :- GOVERNMENT APPEAL No. - 4458 of 2007
Appellant :- State of U.P. Respondent :- Surat Mushar 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 14.3.2007 passed by Additional Sessions Judge, Court No. 11, Varanasi whereby the respondent/accused Surat Musahar was acquitted for the offence punishable under Section 3 (1) of U.P. Gangster and Anti Social Activities (Prevention) Act, Police Station Rohania, District Varanasi.
The respondent Surat Musahar has been made accused on the basis of gang chart of four cases:-
(1) Case Crime No. 128/99, Sections 394/302 IPC, Police Station Rohania, District Varanasi.
(2) Case Crime No. 311/98 Section 460 IPC, Police Station Rohania, District Varanasi.
(3) Case Crime No. 339/98 Sections 147, 148, 149, 307 IPC, Police Station Kachhchhwa, District Mirzapur.
(4) Case Crime No. 192/99 Sections 352, 504, 506 IPC, Police Station Rohania, District Varanasi.
Respondent Surat Musahar is not named that FIR relating to Case Crime No. 339/98. He has been acquitted in Case Crime No. 128/99. Moreover, this is a case of police firing. In Case Crime No. 192/99 Sections 352, 504, 506 IPC, the informant the case has not supported the prosecution version and turned hostile.
Accordingly, the view taken by the learned trial court is a possible view based on reasoning.
In view of above, the application seeking leave to appeal is, accordingly rejected and, consequently the appeal is also dismissed .
Order Date :- 20.7.2018
Jaswant
1 issue framed by the court
Whether leave to file an appeal against an order of acquittal should be granted by this court.
1 provisions across 1 enactments
State of U.P.
Surat Musahar
Umesh Chandra Tripathi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
