ALLAHABAD HIGH COURT
KALLU PANDEY – Appellant
Versus
State of U.P. AND ANOTHER – Respondent
Court No. - 51
Case :- CRIMINAL MISC. APPLICATION U/S 372 CR.P.C (LEAVE TO
APPEAL) No. - 247 of 2018
Applicant :- Kallu Pandey
Opposite Party :- State Of U.P. And Another
Counsel for Applicant :- Manoj Yadav
Counsel for Opposite Party :- G.A.
Hon'ble Vipin Sinha,J.
Hon'ble Ifaqat Ali Khan,J.
Heard Sri Manoj Yadav, learned counsel appearing for the State on the
application seeking leave to appeal against the judgment and order
dated 12.04.2018 by means of which the accused-respondents have
been acquitted for the offences under Section 307 IPC.
Learned A.G.A. has strongly pressed the application with the
contention that the prosecution evidence has not been appreciated by
the court concerned in its correct perspective. He has submitted that
the finding of acquittal recorded by learned trial judge is against the
evidence on record. He has next submitted that the learned trial judge
has committed a patent error of law and ignored the material evidence
on record while holding that the prosecution had failed to prove the
charge against the accused respondents beyond the reasonable doubt.
We have perused the judgment and order dated 12.04.2018 and
the findings as recorded therein.
Whi
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