HAKIM UIIAH Vs. STATE OF U P

JUDGEMENT

(1.) Heard Sri P.N. Lal, learned counsel for the revisionist and Sri G.C. Saxena, learned counsel for the opposite parties. This revision has been preferred against the judgment and order of acquittal passed by the trial court in Criminal Case No. 253 of 1982 under Section 324, I.P.C. Police Station Sehramau North, District Shahajhanpur.

(2.) The opposite parties No. 2 to 5 were charged under Section 324, I.P.C. read with Section .34 I. P. C. by the trial Court. The prosecution examined Hakim Ullah injured in the said incident and Hikmat Ullah is eye-witness. It appears from the record that other witnesses were summoned by the trial court on 2-1-1984,13-1-1984,20-1-1984, 25-1-1984 and 24-2-1984. No witness except the two witnesses examined by prosecution appeared on 6-3-1984. The courts below passed following orders. (Matter in other language)

(3.) In this revision it is contended that the case before the court below was a warrant case and it was duty of the trial Court has also not discussed the evidence of the two prosecution witnesses and grave no reason as to why the witnesses examined by the prosecution could not be believed. It is contended that grave miscarriage of justice has resulted.