Court No. - 51

Case :- GOVERNMENT APPEAL No. - 435 of 2018

Appellant :- State Of U.P.

Respondent :- Pramod Kumar And 7 Others

Counsel for Appellant :- G.A.

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 05.12.2017 by means of

which all the accused – respondents have been acquitted for the offence

punishable under sections 147, 308/149, 323/149, 324/149, 325/149,

326/149 & 506 IPC and under sections 148, 308/149, 323/149, 324/149,

325/149, 326/149 & 506 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.

We have perused the impugned judgment. Perusal of the judgmen