Court No. - 25 Case :- U/S 378 CR.P.C. No. - 232 of 2010 Petitioner :- State Of U.P. Respondent :- Ranjeet Prasad @ Ranjeet & Ors. Petitioner Counsel :- Govt. Advocate Hon'ble Abdul Mateen,J.
Hon’ble Yogendra Kumar Sangal,J.
(Order on the Application under Section 378(3) Cr.P.C.)
Heard learned A.G.A. on the Application for leave to Appeal moved under
Section 378(3) Cr.P.C.
This application under Section 378 (3) Cr.P.C. has been moved against the
judgment of acquittal of respondents with respect to charges levelled against
them under Sections 307/34 IPC passed in Session Trial No. 689 of 2009 by
the Additional Session Judge/F.T.C.-Ist, Faizabad dated 17.04.2010, altough
respondents have been convicted for the offence under Sections 323/34 and
325/34 IPC.
Argument advanced by the learned cousnel for the applicant is that the
injured Satya Narain Pandey has received six injuries upon his body which is
said to have been caused by the respondents with aid of Lathi and Spade and
even injury No. 1 was on Head and incident is said to have been taken place at
7:00 A.M., this testimony has been discarded by the learned Session Judge,
merely on the ground that these injuries are not on the vital part of body and
he was not attacked by the respondents with the intention to kill him.
We prima-facie find that the finding arrived at by the court below while
acquitting the accused-respondents is perverse.
Accordingly, the application is allowed and leave to appeal is granted.
Order Date :- 28.7.2010
Kaushal
Hon’ble Abdul Mateen,J.
Hon’ble Yogendra Kumar Sangal,J.
Admit.
Summon lower court record.
Let bailable warrants of arrest be issued against the respondents through Chief
Judicial Magistrate, Faizabad fixing 31st August, 2010 for their attendance
before this Court.
List on 31st August, 2010.
Order Date :- 28.7.2010
Kaushal