STATE OF U.P. Vs. VIDYA RAM

JUDGEMENT

(1.) This Government Appeal under Section 378 Cr.P.C. has been filed by the State of U.P. against accused respondents, Vidya Ram, Gulfam sons of Lakhan, Hari Singh, s/o Pancham and Nathoo, son of Panjabi, all r/o village Kubari Samaspur, P.S. Zarif Nagar, District Badaun, against the impugned judgment and order dated 02.05.1983, passed by the then III Additional Sessions Judge, Badaun in Sessions Trial No.80 of 1981, whereby he has recorded a finding of acquittal of all the aforesaid accused respondents.

(2.) During the pendency of this criminal appeal, accused respondent Vidya Ram has died, and therefore, the appeal against him has abated, vide order dated 14.3.2014. Therefore, this judgment pertains to remaining accused Gulfam, Hari Singh and Nathoo only.

(3.) The aforesaid government appeal has been filed challenging the aforesaid impugned judgment and order on the ground that learned trial court has erred in disbelieving the evidence of first informant, Chandra Bhan, mainly on the ground that he is child witness. Likewise, he further erred in discarding the evidence of Bhagwan Singh (P.W.2) on the ground that he appears to be related to the first informant and he had not disclosed the occasion of his presence at spot. The none examination of all the independent witnesses, named in the FIR, is not fatal to the prosecution as the law does not require the quantity of evidence rather it require quality of evidence. Non lodging of the FIR by the injured Nathoo, who subsequently died, is not fatal to the prosecution. The medical evidence is consistent with the prosecution story. Lastly, he submitted that the acquittal of accused is contrary to the weight of evidence on record. It is bad in law and has resulted in miscarriage of justice.