Allahabad High Court
State Of U.P. vs Javed @ Junaid @ Raja S/O Mansoor on 29 April, 2022
Author: Narendra Kumar Johari
Bench: Narendra Kumar Johari
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 53 Case :- GOVERNMENT APPEAL No. - 233 of 2022 Appellant :- State of U.P. Respondent :- Javed @ Junaid @ Raja S/O Mansoor Counsel for Appellant :- Shiv Kumar Pal Hon'ble Om Prakash-VII,J.
Hon'ble Narendra Kumar Johari,J.
Order on Crl. Misc. Leave to Appeal Application Heard learned A.G.A. for the State on leave to appeal application and perused the record.
This application for leave to appeal has been filed on behalf of the State with the prayer to grant permission to file the appeal against the judgement and order of acquittal dated 20.9.2021 passed by the Additional District & Sessions Judge, Court No.15, Meerut in Sessions Trial Nos.708 of 2019, 709 of 2019 and 710 of 2019 (State of U.P Versus Javed @ Junaid @ Raja) arising out of Case Crime No.443 of 2019 under Section 307/34, Case Crime No.444 of 2019 under section 25 Arms Act and Case Crime No.445 of 2019 under sections 420, 411, 413, 414 IPC, Police Station Brahmpuri, District Meerut.
Learned A.G.A. submitted that order of the trial court is against the provision of law and the evidence on record. Prosecution was succeeded to prove its case against the accused-respondents beyond reasonable doubt, but the learned trial court could not appreciate the evidence in right perspective and reached on a wrong conclusion. Hence the appeal has been preferred against the impugned judgment and order along with the application under section 378 (3) Cr.P.C.
We have considered the arguments advanced by the learned A.G.A. and perused the record.
Record indicates that this is the case of firing on police party by the accused-persons when they were intercepted and stopped on public place. Learned trial court, after considering the facts and circumstances of the case and in the light of evidence available on record, acquitted the accused-respondents from the charges. Record further indicates that it has been alleged that accused-persons opened fire on police party, but none of the police men has received any injury, although the firing was done from close range. No recovery of any pellets or cartridges has been shown from the place of occurrence. The occurrence took place in public place, but no public witness has been procured. The occurrence of firing has not been connected by any conclusion of the forensic science laboratory after investigation of recovered firearm. The sanction under section 25 Arms Act is defective and doubtful. It has been shown that motorcycle and mobile phone have also been recovered, which were stolen property, but those things have not been connected with any case.
In view of the above, the view taken by the trial court is probable and in accordance with law. The impugned judgment is well discussed and no illegality, irregularity or perversity is found in it. Application for leave to appeal, having no force, is liable to be rejected and is hereby rejected.
Order on Appeal Since Application under section 378 (3) Cr.P.C. is rejected, therefore Government Appeal is also dismissed.
Order Date :- 29.4.2022 ss