Revision against acquittal in an IPC case. The single-judge High Court dismissed the appeal holding that the lower court's finding that prosecution evidence was insufficient to prove charges was not perverse.
The criminal revision was dismissed with costs being in the discretion of the court.
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. - 28
Case :- CRIMINAL REVISION No. - 825 of 2004
Revisionist :- Krishna Murari Upadhyay Opposite Party :- State Of U.P. And Others Counsel for Revisionist :- S.P. Sharma,V.K. Gupta Counsel for Opposite Party :- Govt. Advocate,V.K.Mishra
Hon'ble Rajeev Misra,J.
Heard Sri S. P. Sharma, learned counsel for the revisionist, learned A.G.A. for the State.
No one appears on behalf of the opposite parties.
This criminal revision has been filed against the judgement and order dated 18.12.2003 passed by Additional Chief Judicial Magistrate, Mahrauni, District Lalitpur in Case No. 294 of 1998 (State Vs. Omkar Prasad and others) under sections 352, 504, 506 IPC, P.S. Mahrauni, District Lalitpur, whereby the accused respondents have been acquitted of the charges levelled against them.
From a perusal of the judgement passed by the court below, it appears that the court below has recorded a categorical finding that the testimony of the prosecution witnesses does not establish the charges under sections 352, 504, 506 IPC. In other words the evidence adduced by the prosecution was insufficient to prove the charges. Learned counsel for the revisionist could not point out any perversity in the aforesaid finding recorded by the court below. Therefore, no illegality can be said to have been committed by the court below in acquitting the accusedrespondents.
In view of the above, revision fails and is accordingly dismissed.
Order Date :- 10.7.2019 RPD
2 issues framed by the court
Whether the acquittal of the accused is perverse or unsupported by evidence.
If the lower court's finding that prosecution evidence was insufficient is perversely recorded.
Krishna Murari Upadhyay
State of U.P.
J. Rajeev Misra
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
