IN THE HIGH COURT OF _______________ AT
_______________
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPEAL NO _________ OF 20__
IN THE MATTER OF
Mr. ____________________
_______________________
_______________________ Appellant
VERSUS
State of ____________________
_______________________
_______________________ Respondent
SYNOPSIS
By way of
the present appeal under Section 374 of the Code of Criminal Procedure, the
appellants are approaching this Hon'ble Court for setting aside the final
judgment of conviction dated _______ and order on sentence dated
______________ passed by the court of ______________ _________, in the
Case No. _____ pertaining to FIR No. _____, PS. _____, U/s. ___ IPC whereby
the appellant was held guilty for the offence punishable under Section ____
IPC and he was sentenced to __years rigorous imprisonment with fine of Rs.
____/- and in default of payment, to further undergo _ months simple
imprisonment. Benefit of Section 428 of Cr.P.C. was given to the appellant.
(Mention brief summary of the case and error in the Judgment of the Trial Court)
________________ ________________ _______________ _________ ___
The dates and events of the present case are as under:
__/__/20__ FIR No ____ was Registered
__/__/20__ The Appellant was arrested
__/__/20__ Charge sheet was filed under section ___ of IPC before the Ld _____ Judge.
__/__/20__ Charges were framed under section __ of IPC against the appellant to which he pleaded not guilty and claimed trial.
__/__/20__ After examining _ prosecution witnesses in support of the charges PE was closed.
__/__/20__ Statement of accused under section 313 of CrPC was recorded.
__/__/20__ The Judgment of conviction was passed by the Ld.____ Court in case No____ whereby the appellant was held guilty and convicted for the offence punishable under section ___.
__/__/20__ Order of Sentence was passed by the court of Ld____ Judge whereby the appellant was sentenced to __ years of rigorous imprisonment and fine of Rs. ____, and in default, to undergo __ months imprisonment. Benefit of 428 of Cr. P.C. was given to the appellant.
__/__/20__ Hence the Present appeal for setting aside the final Judgment of Conviction dated _____ and order on sentence dated _____ passed by the court of Ld. _______ Judge in Case No. ____.
IN THE HIGH COURT OF _______________ AT
_______________
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPEAL NO _________ OF 20__
IN THE MATTER OF
Mr. ____________________
_______________________
_______________________ Appellant
VERSUS
State of ____________________
_______________________
_______________________ Respondent
APPEAL UNDER SECTION 374(2) OF CODE OF CRIMINAL PROCEDURE, 1973 ON BEHALF OF THE APPELLANT HELD IN JUDICIAL CUSTODY SINCE ____ AGAINST THE JUDGMENT OF CONVICTION DATED _____ AND ORDER ON SENTENCE DATED ____ PASSED BY THE TRIAL COURT OF ______________________ IN CASE NO. __________ PERTAINING TO FIR NO. _____/20__, U/S. ____ IPC, DATED_____ REGISTERED AT PS. ______________.
TO,
THE HON'BLE CHIEF JUSTICE
AND HIS COMPANION JUSTICES OF THE
HON'BLE DELHI HIGH COURT
THE HUMBLE PETITION OF THE PETITIONER ABOVE NAMED
MOST RESPECTFULLY SHOWETH:
1. The Appellants is young men at his age of ____ years who was working
in a factory as ________ at ____________, and have been residing in
___________ for last several years and are peace loving and law abiding
citizens, having no previous criminal antecedents. The appellant is in
judicial custody since his arrest in this case on _________.
2. That the appellant above named is preferring the present appeal against the final judgment of conviction and order on sentence dated ___________ & ___________ passed by the court of ___________ ___________, in the Sessions Case No. ___________ pertaining to FIR No. ___________, PS. ___________, U/s. ___________ IPC whereby the appellant was held guilty for the offence punishable under Section ___________ IPC and he was sentenced to __ years rigorous imprisonment with fine of Rs. _____/- and in default of payment , to further undergo __ months simple imprisonment. Benefit of Section 428 of Cr.P.C. was given to the appellants. The certified copy of judgment and sentence dated ___________ & ___________ are annexed herewith as ANNEXURE-1 (COLLY).
3. That the brief facts emerging from the record of the prosecution and leading to the filing of the instant appeal are as under :-
(i) That FIR No. ___________ under Section __ IPC was registered at Police Station ___________, when an information was received at Police Station ___________ on ___________ that a man is lying in ___________ having injuries caused with knife. Police reached the spot and found a male dead body. The deceased could not be identified. The dead body was removed to the mortuary. Poster was got prepared. On the basis of that poster one ___________ identified the deceased as his son ___________. The Certified Copy of FIR No. ___________ under Section ____ IPC registered at PS ___________ along with its English Translation is annexed herewith as ANNEXURE-2.
(ii) During investigation one ___________ was interrogated who told that on the intervening night on ___________ he along with the deceased ___________ one factory where the labourers woke up. He and ___________started fleeing but ___________ was apprehended and was beaten by those persons. At the instance of ___________ appellant was arrested on ___________ by the police. And the appellants allegedly got the ___________ recovered with which the deceased was beaten.
(iii) On ___________ all the appellant was arrested at ______________________ ___________ in the morning by the police officials of PS. ___________.
(iv) On ___________ the charge sheet was filed under Section ___________IPC against the appellants before the Ld. MM, concerned at ___________ ___________and on ___________ the case was committed to the Court of Sessions after compliance of the provisions of Section 207/208 of Cr.P.C and the same was registered as Sessions Case No ___________ in the Court of ___________ ___________. The Certified copy of the charge sheet along with its English Translation is annexed herewith as ANNEXURE-3.
(v) On ___________ the Charges were framed under Section ___________ IPC against the appellants by the Hon'ble Trial Court to which they pleaded not guilty and claimed trial and it was stated in the charge that no offence under Section ___________ IPC is made out against accused persons. The certified copy of Order on framing of Charge dated ___________ is annexed herewith as ANNEXURE-4.
(vi) That on ___________ after examining 25 prosecution witnesses, PE was closed. The certified copy of the all Prosecution Evidence is annexed herewith as ANNEXURE-5.
(vii) To bring home the guilty of the appellants, the prosecution examined as many as __ witnesses in support of the charges. Thereafter on ___________ entire incriminating material on record was put to the appellant, and his statement under Section - 313 of Cr.P.C. was recorded , in which they specifically denied the charge.
The appellant examined no witnesses in his defence. The certified copy of Statement Under Section - 313 of Cr.P.C. is annexed herewith as ANNEXURE-6.
(viii) On ___________ the Judgment of conviction was passed by the Court of Sh. ___________, in the Sessions Case No. ___________ whereby the appellants were held guilty and convicted for the offence punishable U/s ___________ IPC .
(ix) On ___________ the Order on Sentence was passed by the Court of Sh. ___________ Courts ___________ whereby the appellant was to _ years rigorous imprisonment with fine of Rs. ___________/- and in default, to undergo __ months simple imprisonment. Benefit of Section 428 of Cr.P.C. was given to the appellant.
4. That being aggrieved of the said conviction and sentence contained in the impugned judgment and order, the appellant herein prefers the present appeal following amongst other grounds:
GROUNDS FOR
THIS APPEAL
A. That the impugned judgment passed by the Ld. Trial Court is bad in
law and facts of the case, hence it not sustainable in the eyes of the law.
B. That judgment passed by the Ld. Trial Court is based on conjectures and surmises and is not supported from the facts and circumstances of case.
C. That the prosecution has failed to prove its case beyond reasonable doubts as such the Ld. Trial Court should have given the benefit of doubts to the appellant and should have acquitted them.
D. The witness ___________ , PW__ is the only person on whose testimony the appellant has been convicted who has deposed in his examination in chief before the court
_____________________ ______________________ ____________
E. _____________________ ______________________ ____________
F. _____________________ ______________________ ____________
G. That the Ld.
Trial Court has failed to consider that prosecution has failed to prove its
case beyond all reasonable doubts.
5. That the petitioner has filed no other similar petition in either the Hon'ble Supreme of India or this Hon'ble court for similar relief.
6. That the present appeal is maintainable because appellants who are the innocent and poor _________ working in a factory have been convicted by the Trial Court on suspicion and on the testimony of a person who is a drug addict and whose whereabouts is not known to the police and who has a long antecedents of criminal involvement accepted by himself. The circumstances in this case do not form chain of events strong enough to bring home the guilt of appellants so the appeal is maintainable to prove the appellant innocent appraising the evidence in correct perspective.
7. That the appellant craves leave to add , delete, modify or alter any of the aforesaid grounds of appeal.
PRAYERS
In view of the aforesaid facts and circumstance of this case, it is most respectfully prayed that the Hon'ble court may be pleased:
1. To set aside the judgment of conviction and order on sentence dated ______________ & ___________ passed by the Court Of Sh. _______________Delhi in the Case No.__________ pertaining to FIR ______________ under Section ___, P.S. Bawana and consequently to acquit the appellants;
2. To call for the record of Trial Court;
3. To pass any other or further order (s) as this court may deem fit and proper in favour of appellant, in the interest of justice.
APPELLANT
THROUGH
____________ADVOCATE
Place:
Date:
IN THE
HIGH COURT OF _______________ AT
_______________
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPEAL NO _________ OF 20__
IN THE MATTER OF
Mr. ____________________ Appellant
VERSUS
State of ____________________ Respondent
AFFIDAVIT
I ______________________ ____ years, S/d/o. _________________ R/o. ____________ ______________ _____, do hereby solemnly affirm and declare as under:-
1. That I am the _____ and a __________ of the convict ___________ in the present appeal and as such I am well conversant with the facts and circumstances of the present matter and am competent to swear this affidavit.
2. That the accompanying Criminal Appeal U/s. 374 of Cr.P.C. against the conviction and sentence has been drafted by my counsel under my instructions
3. The contents of the Memorandum of Appeal and this affidavit have been read over and explained to me in vernacular and the same are true and correct. That the contents of the same may be treated as part and parcel of this affidavit as the same are not being repeated herein for the sake of brevity.
4. That I have not moved any other similar petition before this Hon'ble Court or any other High Court or the Hon'ble Supreme Court of India.
5. I declare that what is contained in paragraphs _ to _ and Grounds from paragraphs A to __ of the Appeal are true and correct to my knowledge and nothing material pertaining to this case has been concealed from this Hon'ble Court.
DEPONENT
VERIFICATION
Verified at ___________ on this __ day of ____. 20__ that the contents of
the above affidavit are true and correct to the best of my knowledge and
belief and nothing material has been concealed therefrom.
DEPONENT
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