STATE OF UTTAR PRADESH Vs. RAMESH CHANDRA VERMA

JUDGEMENT

(1.) The State is in appeal against an order of acquittal. The accused persons were charged under sections 148 IPC, 332/149 ipc, 307 / 149 IPC, 323 /149 IPC and 395 / 397 IPC and the learned sessions judge thought it prudent to sentence each of them to six months rigorous imprisonment and with a varying period from six months to three years of rigorous imprisonment of different counts. In appeal, the High Court, however, passed an order of acquittal. The high Court has been rather categorical in its criticism as regards the inclusion of the names of the accused persons in the FIR, since the evidence on record unmistakeably records that the First information Report was written after the arrival of the police and the names have been recorded as per the list supplied by the inspector incharge.

(2.) The test identification parade also was not in accordance with the law. It is on this basis, however, that the High Court thought it prudent to acquit them. Incidentally, the high Court found and observed as under:

(3.) It is on the basis of aforesaid, the High court found it incumbent to pass an order of acquittal. We do not see any perversity therein warranting any interference against the view taken by the High Court as the same cannot be said to be not a plausible view.