Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC-LKO:40975 Court No. - 13 Case :- CRIMINAL APPEAL No. - 1940 of 2019 Appellant :- Vikas Gaur Respondent :- State Of U.P. And Anr. Counsel for Appellant :- Anand Dubey Counsel for Respondent :- Govt. Advocate Hon'ble Saurabh Lavania,J.
1. Heard learned counsel for the appellant, learned A.G.A. and perused the record.
2. The present appeal has been filed under Section 14-A (2) of Scheduled Castes and Scheduled Tribes Act, 1989 against the impugned order dated 26.06.2018 passed by the Incharge Special Judge (SC/ST Act), District- Faizabad (Ayodhya) in Bail Application No. 117 of 2018, arising out of FIR/Case Crime No.79 of 2018, under Sections- 302, 307, 325, 504 I.P.C. & Section 3(2)VA of SC/ST Act, Police Station- Maharajganj, District- Faizabad (Ayodhya).
3. According to the story of the prosecution, the appellant caused injury with gadansa, sharp edged weapon, to Saurabh and Rajit Ram.
4. Saurabh, who sustained injury with gadansa, sharp edged weapon, fled away from the place of crime and his statement was recorded by the Investigating Officer during investigation. According to his statement it is apparent that the appellant assaulted him and deceased Rajit Ram, who succumbed to his injuries, caused by the appellant with gadansa.
5. It is to be noted that the evidence/testimony of the injured witnesses has greater evidentiary value and unless compelling reasons exist, their statements are not to be discarded lightly as observed by the Hon'ble Apex Court in the case (s) of State of M.P. vs. Mansingh, (2003) 10 SCC 414; Abdul Sayeed vs. State of M.P., (2010) 10 SCC 259; State of U.P. vs. Naresh, (2011) 4 SCC 324; Laxman Singh vs. State of Bihar (Now Jharkhand) (2021) 9 SCC 191 and Balu Sudam Khalde and another vs. State of Maharashtra, 2023 SCC OnLine SC
355.
6. This appeal is, accordingly, dismissed.
7. The trial court is directed to conclude the trial most expeditiously as at this stage it has been indicated by the
learned counsel for the appellant that the trial is at the stage of recording of statements of accused in terms of Section 313 Cr.P.C.
Order Date :- 17.7.2025 Anand/- Digitally signed by :- ANAND KUMAR SRIVASTAVA High Court of Judicature at Allahabad, Lucknow Bench