Court No. - 51

Case :- GOVERNMENT APPEAL No. - 408 of 2018

Appellant :- State Of U.P.

Respondent :- Ramesh Alias Pyara And 7 Ors.

Counsel for Appellant :- G.A.

Counsel for Respondent :- Birendra Singh Khokher

Hon'ble Vipin Sinha,J.

Hon'ble Ifaqat Ali Khan,J.

Heard Shri Rajesh Mishra, learned AGA on the application seeking leave to

appeal against the judgment and order dated 31.10.2017 by means of which all

the accused – respondents have been acquitted for the offence punishable under

section 147, 148, 302/149, 506 and 120-B of 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 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.

After hearing learned counsel for the parties, it crystallizes that in the present

case two persons namely Dharam