State of U.P. vs Hiraa Lal and Others

This application for leave to appeal of 1989 arises out of judgment dated 4.9.1989 passed by 4th Additional Sessions Judge, Sultanpur, in Sessions Trial No. 144 of 1988, under Sections 307/34, 324/34 and 323/34 I.P.C. recording acquittal of accused-respondents.

We have heard learned State Counsel and perused the records.

It appears that there were cross cases and in the case on hand acquittal was recorded, but the State is not in a position to inform the Court about the outcome of the cross case started on the complaint of accused side under Sections 147, 323, 307 read with Section 149 I.P.C. From the medical evidence on record, we notice that out of five injured persons, only one had received pellet injuries. On accused side, two persons had received injuries including a lacerated wound.

Learned Trial Judge has noticed that one of the injured persons was not produced; a licensed S.B.B.L. gun was recovered from Iqbal, son of Akhtiyar, a member of complainant side, which is alleged to have been used in the offence by the accused side. No explanation was given by the prosecution in respect of injuries sustained by accused Babu Lal and Birjia Devi, mother of Babu Lal.

That apart, the trial court has carefully scrutinized the prosecution evidence in the background of enmity over some pending consolidation proceedings. The reasons recorded by the trial court are well founded and in the wake of consistent view of the Apex Court, that if on appreciation of evidence, two views are possible, the view taken by lower court, in the facts and circumstances of the case, in favour of the accused should be taken as a probable and reasonable view.

Hence, this application for leave to appeal is dismissed.