SURENDRA KUMAR Vs. SUKH DEO

JUDGEMENT

(1.) SURENDRA Kumar has filed this revision against the judgment of II Additional Sessions Judge, Banda dated 30-4-1981 passed in S. T. No. 167 of 1980 acquitting Sunder Lal, Sukhdeo, Deva and Ram Swarup under Sections 307 and 324 IPC.

(2.) THE order of acquittal was passed by the learned judge under Section 232 CrPC on the ground that there was no such evidence that the accused persons could have been called upon to enter on their defence.

(3.) EVEN if it be held that the trial court erred in considering the question of reliability of evidence under Section 232 CrPC, I am of the opinion that no prejudice has been caused to the prosecution as the learned judge has given good reasons for not placing reliance on the prosecution evidence. The acquittal of the accused was thus fully justified. No miscarriage of justice has taken place. The order of the learned judge, therefore, does not deserve to be interfered with.