Heard learned A.G.A. for the State appellant/applicant and perused the material on record.

2. This application has been filed by the State appellant/applicant with the prayer that leave to appeal may be granted against the judgement and order dated 23.02.2008, passed in Sessions Trial No. 348 of 2006, under section 302 IPC, P.S. GRP Gorakhpur, District Gorakhpur by the learned Additional Sessions Judge, Court No. 7, Gorakhpur whereby the accused respondent has been acquitted for the offence punishable under the sections referred to above.

3. We have carefully perused the impugned judgment and order of acquittal passed by the court below.

4. The learned counsel for the applicant failed to demonstrate that the observations of the court below were factually incorrect.

5. We have carefully perused the judgement passed by the lower court. We do not find any factual or legal error in the assessment of evidence by the court below while acquitting the accused respondent. Moreover, the view taken by the court below is a possible view. Perusal of the judgement shows that this a case of circumstantial evidence and it is a well settled law that in the case of circumstantial evidence all th