State of U.P. v. Jitendra
Case brief
What is this about?
State appealed High Court-acquittal of three accused in murder trial. High Court held trial concluded properly, acquittal was lawful and based on evidence, and left it undisturbed.
What did the court decide?
Leave to appeal refused; application for leave to appeal rejected; memorandum of appeal dismissed.
What the court decided
Chief Justice’s Court Additional Cause List Serial No.15
IN THE HIGH COURT OF JUDICATURE AT ALLAHABAD
(Lucknow)
U/s 378 Cr.P.C. No. - 86 of 2009
State of U.P. ....Applicant
Through:- Sri Arunendra, Additional Government Advocate
v/s
Jitendra and others ...Opposite parties
CORAM : HON’BLE RAJESH BINDAL,CHIEF JUSTICE HON’BLE NARENDRA KUMAR JOHARI, JUDGE
ORDER
NARENDRA KUMAR JOHARI,J.
- The present appeal with Criminal Misc. Application under Section 378(3) Cr.P.C. has been filed by the State Government - appellant against judgment and order dated October 31, 2008 passed by Additional Sessions Judge, Fast Track Court No.3 Hardoi in Session Trial No. 583 of 1997 (State vs. Jitendra & others) arising out of Case Crime No. 350 of 1990, under Sections 302/34, 201 I.P.C. Police Station Kotwali City, District Hardoi. By the impugned judgment, the trial court has acquitted accused-persons Jitendra, Bhanu and Bunty @ Brijendra Kumar Shukla from the charges under Sections 302/34 & 201 I.P.C.
Issues for consideration
2 issues framed by the court
Whether the High Court should interfere with the acquittal of the accused in a murder trial where the prosecution failed to prove the guilt of the accused persons.
Whether the inference drawn by the trial court regarding the failure of prosecution proof was probable and based on sufficient grounds.
Parties & counsel
- appellant
State of U.P.
Coram
Rajesh Bindal
Narendra Kumar Johari
Case details
As recorded by the court registry
- Court
- Allahabad HC
- Decided on
- · December
- Registered
- Case no.
- GOVA/1000086/2009
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