State of Uttar
Pradesh Vs. Durga Prasad & Ors.
Jurisdiction Criminal Appeal No.1109 of 2002]
O R D E R
appeal is directed against the judgment and order dated 28.03.2000 in Criminal
Appeal No.1378 of 1980 of the High Court of Judicature at Allahabad. By the impugned
judgment and order, the High Court has reversed the judgment and order passed by
the Sessions Court in convicting the respondents-accused persons under Sections
302, 147, 148 and 149 of the Indian Penal Code.
High Court, after re-appreciating the entire evidence on record has come to the
conclusion that the order of conviction and the sentence awarded by the Sessions
Court is legally not justifiable. Accordingly, has set aside the order and acquitted
all the respondents. It is this order which is called in question in this
have heard Mr.Ratnakar Dash, learned senior counsel appearing for the State of Uttar
Pradesh, Shri Nagendra Rai, learned senior counsel and Dr.J. N. Dubey, learned senior
counsel appearing for the Respondents.
have meticulously gone through the evidence on record and the judgment and order
passed by the High Court. We are convinced that the High Court has not
committed any error which would call for our interference in exercise of our
powers under Article 136 of the Constitution of India. Consequently, we affirm the
judgment and order passed by the High Court and reject the appeal preferred by
...................J. (ANIL R. DAVE)