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2023 Supreme(All) 1710

SHAMIM AHMED
Sunil Kumar Tripathi @ Guddu – Appellant
Versus
State of U. P. – Respondent


Advocates:
Advocate Appeared:
For the Revisionist : R.K. Verma.

JUDGMENT :

1. List has been revised and the case is being taken up in the revised call of the list.

2. Heard learned counsel for the parties.

3. The instant Criminal Revision under Section 397/401 Cr.P.C. has been filed by the revisionist against the judgment and order dated 26.08.2009 passed by learned Sessions Court, Sitapur in Sessions Trial No.161 of 2003, Crime No.137 of 2001, under Sections 307/34 I.P.C., Police Station Imliya Sultanpur, District Sitapur and Sessions Trial No.208 of 2004, Case Crime No.139 of 2001, under Section 25(1B) of Arms Act, Police Station Imliya Sultanpur, District Sitapur, acquitting the accused respondent nos.2 to 4.

4. Learned counsel for the revisionist submits that the trial court has committed patent error in appreciating the evidence available on record and has acquitted the respondents while it was proved beyond reasonable doubt that the respondents are guilty of committing the heinous offence. It is further submitted that the trial court has given much importance to the minor contradictions emerging in the testimony of the prosecution witnesses and has completely disregarded that the evidence of an injured person is at a higher pedestal than evid

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