The High Court rejected the State's application for leave to appeal and dismissed the appeal against a Fast Track Court order convicting accused persons and releasing them on probation. The court held the trial court's findings were not perverse.
Application for leave to appeal rejected; Appeal dismissed.
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Court No. - 13
Case :- GOVERNMENT APPEAL No. - 5279 of 2007
Appellant :- State Of U.P. Respondent :- Kehri Singh And Another Counsel for Appellant :- A.G.A.
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 impugned judgment and order of dated 13.04.2007 passed by Additional Sessions Judge, Fast Track Court No. 2, Etah, whereby the respondents/ accused Kehri Singh, Mukesh and Dharmendra were convicted for the offence punishable under Section 323/34 I.P.C. but instead of sentencing them at once they were released on probation for a period of one year each.
As per prosecution version, on 29.11.2005 at about 3:30 p.m. respondents/accused Kehri Singh, Mukesh and Dharmendra assaulted on complainant Mulayam Singh and his mother. Due to which they sustained injury.
Perused the judgment of trial court. The x-ray of informant Mulayam Singh was conducted after nine days of the occurrence. Accordingly trial court found that informant Mulayam Singh has not sustained grievous injury as X-ray report appears to be frivolous.
Occurrence has taken place suddenly due to dumping of garbage on the land belonging to injured.
Accordingly, the view taken by trial court is possible and not perverse.
In view of above, this application seeking leave to appeal is rejected and consequently the appeal is also dismissed .
Order Date :- 20.7.2018 Sharad/-
1 issue framed by the court
Whether leave to appeal against a conviction and release on probation should be granted.
1 provisions across 1 enactments
State Of U.P.
Kehri Singh
Mukesh
Dharmendra
Umesh Chandra Tripathi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
