MALAI KUMAR Vs. STATE OF U.P

JUDGEMENT

(1.) This revision has been directed against the order dated 14.9.1982 passed by the Special Judge, Jalaun of Orai in S.T. No. 120 of 1978 convicting the revisionist under Sections 147, 149, 353, 336, 332 and 452 Indian Penal Code and sentenced him to suffer R.I. till rising of the court and pay a fine of Rs. one under Sec. 452 Indian Penal Code. The learned counsel has submitted that the conviction rests on the sole identification of P.W.2 and he was not identified by the injured P.W.1. The learned counsel has challenged the identification and submitted that in the melee it was not possible to identify a particular person who is not known from before. In paragraphs 19 and 20 of the judgement it has been mentioned that P.W. 2 has stated that he used to see these boys, including the revisionist, quite often passing near the police station and also because he was posted at the said college while he was reading. He also came to know the names of the boys as they were called by one and the other by name.

(2.) As regards identification of the revisionist it has been stated by P.W. 2 that he used to see the revisionist almost daily on shops and at the motor stand. The learned A.G.A. has admitted that this is an uncorroborated assertion of the P.W.2. The circumstances which have been described by P.W.2 for which he could knew the revisionist from before does not inspire confidence on the point of identification and he is entitled to benefit of doubt.

(3.) The revision is, therefore, allowed. The conviction and sentence passed by the learned Judge is hereby set aside. He is acquitted of all the charges. Revision allowed.