Bablu vs State - 2023 Supreme(All) 243

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2023 Supreme(All) 243

SURENDRA SINGH I
Bablu – Appellant
Versus
State – Respondent

Advocates Appeared:
For the Appellant : G.S. Joshi, Madan Mohan Chaurasisa

JUDGMENT :

Heard Sri Sarvesh Kumar Dubey, Advocate holding brief of Sri Madan Mohan Chaurasia, learned counsel for the appellant as well as learned A.G.A. for the State.

2. This criminal appeal has been instituted against the judgement and order dated 24.08.1994 passed by IXth Additional District and Sessions Judge, Meerut, in Sessions Trial No. 698 of 1992, Bablu Vs. State of U.P., arising out of Case Crime No. 46 of 1992 u/s 307 I.P.C. & Section 27 (3) of Arms Act, P.S.-Mavana, District-Meerut. There is no criminal appeal filed by the State or informant/injured against acquittal of appellant-accused u/s 307 I.P.C. Thus, the trial court’s order acquitting the accused u/s 307 I.P.C. has become final.

3. By the impugned order, the trial court has convicted the appellant, Bablu u/s 325 I.P.C. and sentenced him for 7 months 20 days imprisonment, the period which he had undergone in judicial custody during investigation and trial and a fine of Rs.2,000/- with default stipulation.

4. According to prosecution case as mentioned in the written report (Ext.Ka.1) presented by the informant, Bablu Giri at P.S.-Mavana, District-Meerut on 30.01.1992, he was going to the shop of Saket to purchas