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K. J. THAKER, AJAI TYAGI
State of U. P. – Appellant
Versus
Krishnadeo @ Jhula – Respondent
JUDGMENT :
Ajai Tyagi, J.
1. Heard Sri Patanjali Shukla, learned A.G.A. for the State and Sri Satya Prakash Shukla, learned counsel for respondents perused the record.
2. This appeal under Section 378 of Code of Criminal Procedure, 1973 (hereinafter referred to as 'Cr.P.C.'), at the behest of the State, has been preferred against the judgment and order dated 28.4.1984 passed by Sessions Judge, Mirzapur acquitting accused-respondents who have been tried for commission of offence under Section 302 of Indian Penal Code, 1860 (hereinafter referred to as 'IPC') read with Section149 in Sessions Trial No.66 of 1983.
3. Brief facts as culled out from the record are that the evidence of Ramakant ( PW-1) brother of the deceased, is that while his brother, Nageshwar Chaubey, was coming from Semariya to Charkonava and had reached near the road culvert, Krishnadeo alias Jhala, accused, who was lying in ambush alongwith other accused on the northern side of the road, fired a shot on Nageshwar Chaubey, which struck him (Nageshwar Chaubey) in his leg. Rama Kant, Vishwanath, Baggar, Ram Subhag, Ram Prasad and Alagudeo alias Raj Narain were accompanying Nageshwar Chaubey at that time, having lathis in t
The appellate court should not disturb the finding of acquittal unless there are substantial and compelling reasons to do so, such as a palpably wrong conclusion, an erroneous view of law, or a likel....
Point of Law : It is a settled principle that while exercising appellate powers, even if two reasonable views/conclusions are possible on the basis of the evidence on record, the appellate Court shou....
Point of law: In any event High Court entertained an appeal treating to be an appeal against acquittal, it was in fact exercising the revisional jurisdiction. Even while exercising an appellate power....
The appellate court upheld the trial court's acquittal due to insufficient evidence, emphasizing the presumption of innocence and the principle that two reasonable views should not disturb the trial ....
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