Court No. - 42

Case :- GOVERNMENT APPEAL No. - 431 of 2023

Appellant :- State of U.P.

Respondent :- Jitendra Agnihotri And Others

Counsel for Appellant :- Ashutosh Kumar Sand

Hon'ble Surya Prakash Kesarwani,J.

Hon'ble Ms. Nand Prabha Shukla,J.

1. Heard Sri K.P. Pathak, learned A.G.A.for the appellant.

2. The Government Appeal has been filed praying to set aside the judgment and

order dated 05.07.2023 in Session Trial Trial No.161 of 2016 (State Vs. Jitendra

Agnihotri, Smt. Nidhi Agnihotri w/o Jitendra Agnihotri and Sanjesh Kumar) under

Sections 302, 201 I.P.C. P.S. Hathras Gate, District - Hathras, related to Case Crime

No.06/2016. By the impugned judgment and order, all the accused persons have

been acquitted on the ground that chain of circumstantial evidence is not complete

and, therefore, giving the benefit of doubt the learned trial court has acquitted all

the accused persons.

3. We have heard learned A.G.A. and perused the impugned judgment. We find

that the learned trial court has recorded detailed findings of fact after meticulous

appreciation of evidences in paragraph nos. 29 to 66 of the impugned judgment.

The entire case of the prosecution is based on some alleged ph