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Judgment
Prashant Kumar Mishta, J
On due consideration delay of 467 days in filing of the Cr.M.P. is condoned. Accordingly, I.A. No.01 of 2019 which is an application for
condonation of delay in filing of the instant Cr.M.P. is allowed.
The trial Court has acquitted the accused of the charges CRMP No. 2131 of 2019 under Sections 307 of I.P.C. and Section 25(1)(1-)( ) of the
Arms Act, 1959.
The accused allegedly caused injuries to the victim PW-1 Mohan Kumar by means of Chura, however, the victim has turned hostile and has not
supported the case of prosecution.
PW-5 Ashok Kumar has projected in the examination-in-
chief, as if he has seen the incident, however, in paragraph 5 of his cross-examination, he admits that when he reached the place of occurrence, the
victim was already fallen on the ground and the accused was not present. He also says that he could not tell as to the reason for sustaining injuries by
the victim, his brother-in-law (Jija).
Considering the nature and quality of evidence on record and particularly for the reason that the victim himself has turned hostile and would not
make any allegation against the accused, we are not inclined to grant leave to appeal against acquittal.
Accordingly, the Cr.M.P deserves to be and is hereby dismissed.