GULAB SINGH Vs. STATE OF U.P.
LAWS(ALL)-2014-4-255
HIGH COURT OF ALLAHABAD
Decided on April 21,2014

GULAB SINGH Appellant
VERSUS
State of U.P. and 5 Others Respondents

JUDGEMENT

- (1.) HEARD learned counsel for the applicant -complainant and learned Additional Government Advocate and perused the judgment of the Trial Court.
(2.) THIS application for leave to appeal has been filed against a judgment and order dated 29.3.2014 passed by the Additional Sessions Judge, Court No. 1 Chitrakoot in ST No. 107 of 2008 whereby all the accused respondents have been acquitted for the offence punishable under sections 147, 323/148, 308/149 IPC, PS Karvi, district Chitrakoot. The prosecution case as mentioned in the FIR was that on 19.11.2007 at about 10 a.m., the appellant -informant Gulab Singh, who was the Secretary of Sadhan Sahkari Samiti, was going to his office. At that time five named accused persons and two unknown persons accosted him, they tried to snatch his revolver and one of the accused persons took out Rs. 53,000/ - from his pocket. The accused persons belaboured the informant with fists and kicks and accused Leeladhar assaulted him on his head.
(3.) THE Trial Judge has acquitted the accused -respondents on the grounds that the informant -appellant has admitted in his cross -examination that the accused persons came from different directions and belaboured him. Two unknown persons had assaulted him and one of them may have thrown brickbats or he may have received injury by brickbats or by fall. According to appellant -complainant himself the injury was not dangerous to life and it was simple in nature and that he was convinced that the accused persons had committed the crime. He did not even see whether the named accused persons had participated in the crime or not.;


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