Mr. Ranjan Gogoi , J.(Oral):- This application has been filed seeking leave to appeal against the judgment and order dated 21.8.2009 passed by learned Additional Sessions Judge, Jhajjar in Sessions Case No.86 of 2004 by which accused-respondent Rajbir has been acquitted of offence under Section 307 IPC.

2. The power of the court to grant leave to appeal against the order of acquittal is to be exercised in a situation where the manner of appreciation of evidence by learned trial court is wholly unacceptable and such appreciation has led to conclusions which are ex facie erroneous or opposed to the weight of the evidence on record. Though there is no legal bar, the High Court normally would not supplant its views in place of the trial court while considering an appeal against acquittal. It is the aforesaid settled parameters of law that will have to be applied to the present case.

3. In the present case, neither in the statement (Ex.PA) made by the complainant nor in the FIR (Ex.P13), the name of Rajbir was mentioned as one of the persons present at the time and place of the alleged occurrence. There is material to show that accused-Rajbir belongs to the same village as the c