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IN THE HIGH COURT OF JUDICATURE AT ALLAHABAD
VIVEK KUMAR BIRLA, VIKAS BUDHWAR, JJ.
State of U.P. – Appellant
Versus
Anuj And 2 Others- Respondents
Government Appeal No.26 of 2021
Decided on : 18-07-2022
Criminal Procedure Code, 1973 - Section 378 – Indian Penal Code, 1860 - Sections 147, 148, 149, 307, 504, 332, 353, 323, 506, 354A, 34 - Judgment of Acquittal - Whether judgment of acquittal so passed in favour of accused herein seeks interference or not - Whether at time of occurrence of said incident whether parents of Smt. Payal were there or not - Held, PW1 in his cross-examination has made a statement that he is not aware as to whether at time of alleged occurrence of incident whether parents were present or not, however PW2 in his cross-examination had stated that he along with PW1 and PW5 had gone to place of occurrence and at that point of time about 4-5 persons were abusing parents - Event other prosecution witnesses being PW3, PW4 and PW6 had gone recorded their deposition while making a statement that no such incident occurred - Having bestowed anxious consideration over judgment of acquittal passed by trial court, this Court finds that view taken by trial court cannot be said to be perverse - However, same is based upon correct appreciation of testimony of prosecution witnesses and careful perusal of evidences sought to be adduced - View so taken by trial court is a possible, plausible view and this is not a fit case wherein this Court should take a different view - In absence of any perversity so sought to be shown by learned AGA, this Court finds inability to exercise its jurisdiction under Section 378 of Cr.P.C. while revering judgment of acquittal into judgment of conviction – Court find that it is not a case worth granting leave to appeal - Application for granting leave to appeal is rejected - Appeal dismissed.
JUDGMENT :
Vikas Budhwra, J.
1. Heard Sri Ratan Singh, learned A.G.A. and Sri Vijay Kumar, learned counsel appearing on behalf of the accused-respondents.
2. In view of the unfortunate incident of fire that which had taken place in the office of Advocate General and an administrative order so passed by Hon’ble The Chief Justice, learned counsel for the accused-respondents Sri Vijay Kumar has supplied a copy of the records of the present appeal to learned A.G.A. and has received the paper book in the Court and both the side agreed to argue the matter on merits, therefore, we proceed to hear the matter.
3. State of U.P. has approached this Court while instituting appeal under Section 378 of the Criminal Procedure Code (In short Cr.P.C.) assailing the judgment and dated 12.10.2020 passed by Additional Sessions Judge, Fast Track Court No.2, Baghpat in Sessions Trial No.161 of 2018 (State Vs. Anuj & 2 others) in Case Crime No.850 of 2017, under Sections 147, 148, 149, 307, 504, 332, 353 IPC, P.S. Badaut, District Baghpat acquitting the accused respondents.
4. While unfolding the prosecution case, it emerges that a written complaint was lodged before the Sub-Inspector Munesh Pal Pawar (PW2) which transformed into lodging of a first information report on 22.8.2017 in Case Crime No 849 of 2017, under Sections 323, 504, 506, 354A, 307, 34 IPC with the allegation that in order to investigate the said case PW2 being Munesh Pal Pawar proceeded from the Police Station and reached the Chowki at industrial area and thereafter while accompanying Constable 912 Omvir (PW1) and H.G. 276 Satyapal (PW5) went to the place of occurrence whereat they had to investigate the allegation which emanated from the FIR dated 22.8.2017, being Case Crime No.849 of 2017, under Sections 323, 504, 506, 354A, 307, 34 IPC.
5. As per prosecution when the aforesaid three persons reached the place of occurrence then the informant in the Case Crime No.849 of 2017 along with her parents were seen to have been subjected to hurling of abuses by certain persons uttering that the informant of the Case Crime No.849 of 2017 may make complaints before any authority but nobody can do anything adverse against unknown persons.
6. According to the prosecution, the informant being PW2 along with the above noted two police personnel tried to convince them not to indulge in such type of activities but as per the prosecution case the above mentioned unknown persons indulged into hurling of abuses and administered beating (Marpeet) and further tried to grab the licence pistol so possessed by the informant PW2 and with the help of one Boby son of Vijay Pal resident of Awas Vikas Badaut, Police Station Badaut, Mohit son of Suresh, Prakash and Jasvir son of Vishahambhar Sharma after great efforts could catch hold of one of the unknown persons and at the relevant point of time the said unknown person made firing upon the informant, however the informant could save himself from them.
7. Consequent to catching hold of unknown persons one was identified as Annu son of Ravindra Singh accused respondent no.1 and it is further stated that from his possession a country-made pistol 315 bore containing one cartridge which was struck therein and was further smelling and from the right pocket of the shorts a live cartridge 315 bore was recovered. Second person so caught hold was Aunj son of Ravindra, however no recovery was made from him and so far as the third person is concerned he identified himself to be Krishnavir son of Begraj, resident of Pushar, P.S. Doghat district Baghpat and from his possession nothing was recovered. It has further been stated that one H.G.149 Ramesh Chandra the driver Sant Kumar H.G. 289 and Pravindra were also present who witness the said incident.
8. Accordingly, a first information report being Case Crime No.0850 of 2017 was registered before Police Station Badaut, district Baghpat on 22.8.2017 showing the commission of the incident at 14.15 hours against the three named accuse
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