The State appealed against an acquittal of three accused for offences under IPC and SC/ST Act involving assault. The bench found no infirmity in the trial court's order dismissing the appeal and rejected the application for leave to appeal, consequently dismissing the State's appeal.
Application for leave to appeal rejected; appeal dismissed.
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Court No. - 13
Case :- GOVERNMENT APPEAL No. - 5187 of 2006
Appellant :- State Of U.P. Respondent :- Surendra Singh And Others Counsel for Appellant :- V.S.Mishra Counsel for Respondent :- 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 12.05.2006 passed by Special Judge (S.C./S.T. Act) whereby the accused-respondent - Surendra Singh, Lallan Singh and Pramod Singh were acquitted of the charge under Sections 323, 504 and 506 of the Indian Penal Code and Section 3(1)(10) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 Police Station - Kuthond, District - Jalaun.
As per prosecution version, on 19.03.2003 at about 06.30 P.M., accused-respondents - Surendra Singh, Lallan Singh and Pramod Singh abused and assaulted the informant Maharaj Singh and his uncle ( 'chacha') Ram Khelawan, due to which they sustained injuries.
Learned trial court has acquitted the accused-respondents on the ground that there is single visible injury caused to the informant Maharaj Singh and two visible injuries to his uncle Ram Khelawan. The injuries alleged to have been caused are simple in nature. The court below further held that the statement of witnesses of fact was not corroborated by medical evidence.
The view taken by the learned trial court is possible one, based on reasoning. I find no infirmity in the impugned order passed by the court below.
In view of above, the application seeking leave to appeal is rejected and consequently, the instant appeal stands dismissed .
Order Date :- 3.8.2018 I. Batabyal
1 issue framed by the court
Whether special leave to appeal against an order of acquittal of the accused under IPC and SC/ST Act should be granted.
2 provisions across 2 enactments
State Of U.P.
Surendra Singh
Lallan Singh
Pramod Singh
Umesh Chandra Tripathi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
