NETRAPAL SINGH Vs. STATE OF U.P.

JUDGEMENT

(1.) THESE connected criminal appeals under Section 372 Cr.P.C. have been filed by the applicant Netrapal Singh against the acquittal of the accused -respondents Mahipal, Girand Singh, Udaipal and Ram Prakash under Sections 307, 504 and 506 I.P.C. by separate orders dated 22.1.2014 passed by the learned Additional Sessions Judge -9, Firozabad in S.T. No. 537 of 2007 and S.T. No. 537 -A of 2007.

(2.) WE have heard learned A.G.A. and perused the trial court judgment and record.

(3.) THE trial court has acquitted the accused -respondents on the grounds that the F.I.R. lodged in this case is not reliable and the three days delay in lodging the F.I.R. has not been reasonably explained. The other witnesses Vinod, Jaswant and Raju who are named in the F.I.R. have not been examined. For a single injury, as many as five persons have been implicated. Even though the injured was conscious till he was taken for medical treatments at Agra, he did not disclose the names of the assailants. The informant Netrapal Singh claims to be an eye witness of the incident even then the F.I.R. was delayed by three days. The accused -respondent Girand Singh who has been chargesheeted was not even named in the F.I.R. It is also noteworthy that the injured and his father have a long criminal history. The injured Girish was facing trial in a case under Section 302 I.P.C. in case crime no. 236 of 1998 and another case crime no. 19 of 1999 under the Gangster Act has been registered against him. On 21.10.2007 at P.S. Jasrana, he was involved in a case under Section 307 I.P.C. at case crime no. 357 of 2007.