Allahabad High Court
State Of U.P. vs Ajeet Singh & Another on 28 July, 2010
Author: Abdul Mateen
Bench: Abdul Mateen, Yogendra Kumar Sangal
Court No. - 25 Case :- U/S 378 CR.P.C. No. - 240 of 2010 Petitioner :- State Of U.P. Respondent :- Ajeet Singh & Another Petitioner Counsel :- Govt. Advocate Hon'ble Abdul Mateen,J.
Hon'ble Yogendra Kumar Sangal,J.
(Order on the Application leave to appeal, under Section 378(3) of 2010) Heard learned counsel for the State.
This application under Section 378 (3) Cr.P.C. has been moved against the judgment of acquittal in Sessions Trial No. 39 of 2008, acquitting the accused-respondents of the charges levelled against them under Sections 307/23, 323/34, 504 and 506 IPC, relating to Case Crime No. 766 of 2007, P.S. Mohammad Pur Khala, district Barabanki, dated 17.03.2010 passed by the Additional Session Judge, Court No. 1, district Barabanki.
It has been argued by the learned counsel for the applicant that First Information Report was lodged against four persons namely Sobaran Singh, Channa Singh and present two respondents Ajit Singh & Narvail Sing but the charge-sheet was submitted only against Sobaran Singh and Channa Singh and later on by virtue of Section 319 Cr.P.C. respondents Ajit Singh and Narvail Singh were summoned and were tried along with the other two accused persons. It has also been submitted that injured Milkha Singh who as per prosecution case was dealt with by the accused respondents with Lathi and Granade, had received six injuries upon his body and was examined as P.W.2 but his testimony has been discarded on the ground that the respondents on the date and time were not present at the place of occurrence rather they were in Punjab. Certain documents were filed to prove that respondents were in Punjab but these documents were neither proved nor any witness was produced to support the same. It has further been argued that it was wrong on part of the learned Session Judge to accept the plea of alibi of the respondents. It has also been submitted that on the same facts and evidence the other two accused persons namely, Sobaran Singh and Channa Singh have already been convicted.
There seems some substance in the arguments advanced by the learned counsel for the applicant.
Accordingly, the application is allowed and leave to appeal is granted.
Order Date :- 28.7.2010 Kaushal Court No. - 25 Case :- U/S 378 CR.P.C. No. - 240 of 2010 Petitioner :- State Of U.P. Respondent :- Ajeet Singh & Another Petitioner Counsel :- Govt. Advocate 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, Barabanki fixing Ist September, 2010 for their attendance before this Court.
List on Ist September, 2010 connecting with Criminal Appeal Nos. 1297 of 2010 and 815 of 2010.
Order Date :- 28.7.2010 Kaushal