Allahabad High Court
State Of U.P. vs Dinesh Kumar Yadav And Others on 13 October, 2023
Author: Surya Prakash Kesarwani
Bench: Surya Prakash Kesarwani
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Neutral Citation No. - 2023:AHC:198141-DB Court No. - 42 Case :- GOVERNMENT APPEAL DEFECTIVE No. - 456 of 2023 Appellant :- State of U.P. Respondent :- Dinesh Kumar Yadav And Others Counsel for Appellant :- Ashutosh Kumar Sand Hon'ble Surya Prakash Kesarwani,J.
Hon'ble Ms. Nand Prabha Shukla,J.
1. Heard Smt. Manju Thakur, learned A.G.A. for the appellant.
2. This Government Appeal has been filed praying to set aside the judgment and order dated 31.05.2023 in Session Trial No.02 of 1999 (State of Uttar Pradesh vs. Harishan Lal, Dinesh Kumar Yadav, Girdhar Dwivedi, Rajbali Singh and Madhav Prasad) under Sections 218, 379, 420, 467, 468, 471, 120B IPC and Section 13(1)(d) read with Section 13(2), Prevention of Corruption Act, P.S. Vigilance Establishment, Varanasi, arising out of Inquiry No.02/132/1993, passed by the Additional Sessions Judge/ Special Judge (Prevention of Corruption Act), Court No.5, Gorakhpur.
3. During trial, the accused Harishan Lal and the accused Madhav Prasad died. As per prosecution story, in Khasra of khasra Plot No.769 of Fasli Year 1391, the accused Lekhpal Harishan made an entry showing five khair plants. Subsequently, khair trees were not found over the said plot. Aforesaid Plot No.769 was then owned by one Amarnath. Prior to the khasra of the Fasli Year 1391, the aforesaid plot was owned by one Suresh Kumar. Allegation is that taking benefit of entry of five khair trees in the aforesaid private khasra Plot No.769 in 'kaifiyat' column of the khasra, the accused Harishan got issued a permit to cut those khair trees and under the garb of that permit, the accused persons have cut down and took away five khair trees from government land. However, none of the prosecution witness can establish by any oral or documentary evidence about cutting of five khair trees from government land or existence of five khair plants over the khasra plot No.769 so as to support the allegation that by allowing to cut five khair plants, the accused persons have been benefited by the value of khair plants of Rs.25,000/-. Learned trial court has meticulously considered the entire evidences in paragraphs-23 to 34 of the impugned judgment and recorded specific findings in paragraphs-27, 29, 30 and 32. No evidence either documentary or oral, could be led by the prosecution to establish the guilt of the accused persons beyond reasonable doubt. The findings recorded by the trial court do not suffer from any manifest error of fact or law. We do not find any good reason to grant leave to appeal.
4.For all the reasons aforestated, after condoning the delay of 41 days and disposing of the delay condonation application accordingly; we reject the application for leave to appeal. Consequently, the appeal also stands dismissed.
Order Date :- 13.10.2023 NLY