NARAYAN Vs. STATE OF U.P. AND ANOTHER

JUDGEMENT

(1.) The applicant has come to this Court under Sec. 482 Crimial P.C. with a request that he be spared trial ( S.T. No. 371 of 2006) under Sections 147,148,149,307,504,506 and 323 I.P.C. because the other co-accused in the said case in Crime No. 263 of 1995 ( S.T. No. 642 of 2001) were acquitted by the Addl. Sessions Judgbe, Court No. 1, Meerut vide judgment dated 15.3.2003.

(2.) The trial of the applicant was separated because he had not appeared and now the applicant says that the evidence against him will be similar to that adduced against the other co-accused who have been acquitted, he deserves the benefit of Principal of Stare Decisis and should not be subjected to trial.

(3.) The applicant had submitted an application under Sec. 482 Crimial P.C. earlier in this regard with the same request, on which Mr. Justice Vinod Prasad had passed the following order:-