Mahesh Chandra vs State Of U. P. - 2023 Supreme(All) 1464

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2023 Supreme(All) 1464

SHAMIM AHMED
Mahesh Chandra – Appellant
Versus
State Of U. P. – Respondent

Advocates:
Advocate Appeared:
For the Appellant : Sharad Pathak
For the Respondent: B.B. Singh

JUDGMENT :

1. Heard learned counsel for the parties and perused the record.

2. This revision has been preferred by the revisionist under Section 397 read with section 401 Cr.P.C. against the judgment and order dated 18.03.2004 passed by the Additional District Sessions Judge/F.T.C.-II, Sultanpur in Session Trial No. 192 of 2002: State Vs Raja Ram, whereby the respondent no. -2 was convicted under Section 304 Part II I.P.C. instead of Section 302 I.P.C. and was sentenced for five years imprisonment and fine of Rs.1000/-.

3. Learned counsel for the revisionist submits that the court below did not appreciate the evidence on record. He further submits that prosecution has successfully proved the offence against the accused/opposite party No.2 on the basis of evidence. The judgement was passed without considering the statement of witnesses and the case was set up by the prosecution upon surmises and conjectures.

4. Learned A.G.A. submits that there appears no illegality or infirmity in the impugned order passed by the court below, therefore, this revision may be dismissed.

5. I have heard the learned counsel for the parties and considered the ground as well as the learned A.G.A. and gone thr

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