SHYAM LAL Vs. STATE OF U.P.

JUDGEMENT

(1.) THE applicant -informant by means of this application is seeking leave to file an appeal against the judgment and order of acquittal dated 31.3.2014 passed by the Addl. Sessions Judge, Court No. 6, Jaunpur in Criminal Appeal No. 49 of 2008 (Akbar and others Vs State and another), whereby the appeal filed by the accused has been allowed and the order dated 22.7.2008 of conviction and sentence passed by the trial court has been set aside and the accused respondents No. 2 to 9 were acquitted for the offence of Section 429 IPC.

(2.) HEARD Mr. P. K. Vishwakarma, learned counsel for the applicant and perused the impugned judgment.

(3.) LEARNED counsel for the applicant has contended that informant had filed an application u/s. 156(3) Cr.P.C. alleging therein that the complainant belongs to Scheduled Caste and has been allotted lease of a pond in village Nihalapur and has been allowed fisheries rights over the said pond. It is further alleged that the respondents accused are continuously flowing the waste water of their house in the said pond as a result of which the fishes of the pond died and the complainant suffered a loss of Rs. 2000/ -. The complainant requested the police authorities to take action but of no avail and thereafter present application u/s. 156(3) Cr.P.C. was moved by the complainant, which was treated as private complaint, and the Learned Magistrate after taking evidence of complainant and his witnesses summoned the accused to face the trial for the offence under Sections 429, 504 ,506 IPC. After the evidence u/s. 244 Cr.P.C., the charges were framed against the accused under aforesaid sections and they pleaded not guilty and claimed trial. Accused were examined u/s. 313 Cr.P.C. and in their defence they had examined Mazeed in their defence. Trial Court after appreciating the evidence found that the accused persons are guilty only for the offence under Section 429 IPC and accordingly convicted them u/s. 429 IPC and sentenced each of them to under go one year simple imprisonment with fine of Rs. 1000/ - with default stipulation vide order dated 22.7.2008. Aggrieved against the said order of conviction, accused preferred Criminal Appeal in the Court of Learned Addl. Sessions Judge, Court No. 6, Jaunpur which was allowed and the order of the trial court was set aside and all the accused were acquitted vide order dated 31.3.2014, hence the informant is seeking Special Leave to appeal to prefer the present criminal appeal before this Court.