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STATE OF U.P. versus VEER SINGH URF VIRENDRA KUMAR & ANOTHER

High Court of Judicature at Allahabad

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State Of U.P. v. Veer Singh Urf Virendra Kumar & Another - GOVERNMENT APPEAL No. 3358 of 2003 [2006] RD-AH 12433 (27 July 2006)

 

This is an UNCERTIFIED copy for information/reference. For authentic copy please refer to certified copy only. In case of any mistake, please bring it to the notice of Joint Registrar(Copying).

HIGH COURT OF JUDICATURE OF ALLAHABAD

Hon. R.C.Deepak J.

Hon. V.D.Chaturvedi J.

Heard learned A.G.A. for the state appellant and perused the record.

The occurrence is said to have taken place on  4.5.89 at 8.00 p.m. The injured Ram Bilas appears to have been medically examined on 5.5.89 at 12.10 a.m. The X-ray was conducted on 9.5.89 and relating to the occurrence the F.I.R. was lodged on 5.6.89 at 8.50 p.m. It is alleged in the F.I.R. that the accused respondents were armed with Dharia and Kanta and they made assaults upon the victim. There is presence of solitary injuries on the person of the injured and two lacerated wounds which can not be caused by a sharp edged weapon. There is inordinate delay in lodging the F.I.R. and in this respect no plausible explanation has been given.

Taking into account the entire evidence on record and the surrounding circumstances we do not find any reason to interfere in the order of acquittal. There is no force in the application to grant leave to file the appeal.

The leave to file the appeal is refused.

Dt.27.7.2006.

Hsc/3358/03

Hon. R.C.Deepak J.

Hon. V.D.Chaturvedi J.

Since the prayer for granting leave to file the appeal has already been refused, the Government Appeal is also dismissed.

Dt.27.7.2006

Hsc/3358/03


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Reproduced in accordance with s52(q) of the Copyright Act 1957 (India) from judis.nic.in, indiacode.nic.in and other Indian High Court Websites

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