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KAUSHAL JAYENDRA THAKER, AJIT SINGH
State of U. P. – Appellant
Versus
Badri Lodhi – Respondent
JUDGMENT :
1. This appeal under Section 378 (3) of Criminal Procedure Code (in short 'Cr.P.C.'), at the behest of the State, has been preferred against the judgment and order dated 7.1.1993, passed by learned IInd Additional Sessions Judge, Jalaun, at Orai, in Criminal Case No.145 of 1992 (State of Uttar Pradesh vs. Badri Lodhi ), under Sections 302 of Indian Penal Code (hereinafter referred to as 'I.P.C.') and also under Section 3(2)(v) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Police Station-Kotwali Orai, District Jalaun, whereby the learned trial-court acquitted the accused-respondent.
2. The brief facts of this case are that in the night intervening between May 7 & 8, 1992 at about mid-night in village Dhamni, Police Station Kotwali Orai, District Jalaun the accused Badri Lodhi shot dead by fire arm the son of the informant when the deceased was sleeping on cot in the front of his shop.
3. The case was registered at Police Station Kotwali Orai on 8.5.1992 at 3:30 a.m. The written report is said to have been scribed by Sukh Lal Chamar of village Dhamni. It is claimed by the prosecution that at that time the first informant Tundey reached the
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: 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....
It is settled law that if main grounds on which lower Court has based its order acquitting accused are reasonable and plausible, and same cannot be entirely and effectively be dislodged or demolished....
Point of Law : The law on the issue is well settled that demand of illegal gratification is sine qua non for constituting an offence under the 1988 Act. Mere recovery of tainted money is not sufficie....
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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