Advocates:
['ANIL KUMAR DUBEY', '', 'RAM MILAN DWIVEDI', 'G A']

1

Court No. - 51

Case :- APPLICATION U/S 378 No. - 90 of 2018

Applicant :- Smt. Malti Devi

Opposite Party :- State Of U.P. And 4 Ors.

Counsel for Applicant :- Anil Kumar Dubey,Ram Milan Dwivedi

Counsel for Opposite Party :- G.A.

Hon'ble Vipin Sinha,J.

Hon'ble Ifaqat Ali Khan,J.

Heard learned counsel for the applicant on the application

seeking leave to appeal against the judgment and order dated

18.7.2018 by means of which accused respondents have been acquitted

of the offence under Section 394 IPC even they have been convicted

under Sections 452, 323/34, 504, 506 IPC.

Learned counsel for the applicant 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 heard learned counsel for