ASHOK KUMAR PANDEY Vs. STATE OF U. P.

JUDGEMENT

(1.) Order on Application to Grant Leave for Filing Criminal Appeal

(2.) This Criminal Appeal, under Section 378 (4) of Criminal Procedure Code , read with Section 372 of Cr.P.C., alongwith Application to Grant Leave for Filing appeal, has been filed by Ashok Kumar Pandey against State of U.P. and six others, challenging the judgment of acquittal, passed by the Additional Sessions judge, Court No.14, Varanasi, in Sessions Trial No. 363 of 2017, Ashok Kumar Pandey vs. Shitla Prasad Pandey and 5 others, under Section 147, 148, 323/149, 325/149, 504, and 506(2) of Indian Penal Code (in short IPC), Police Station-Rohaniya, District Varanasi.

(3.) Learned counsel for the applicant argued that the trial court passed the impugned judgment of acquittal, on the basis of incorrect appreciation of facts and evidence placed on record. Testimony of informant PW-1 was fully intact and supported with medical evidence in which medico legal report as well as X-ray report was in full tune with injury of fracture over phalanges, reported, proved by the medical evidence, which stood corroborated by two independent witness, who have proved case of prosecution, but trial court passed judgment of conviction in cross case in which present applicant side has been convicted; against which Criminal Appeal, being Criminal Appeal No.4930 of 2019, Ashok Kumar Pandey vs. State of U.P., has been admitted and record of the case has been summoned, vide order, dated 30.07.2019, wherein judgment of conviction, in Sessions Trial No. 392 of 2003, for offence, punishable, under Sections 307 and 452 of IPC, Case Crime No. 224 of 2002, of Police Station Rohaniya, District Varanasi, has been passed. Hence, leave to file this Criminal Appeal be granted and this Criminal Appeal be also connected with above Criminal Appeal for its disposal.