Court No. - 51

Case :- CRIMINAL MISC. APPLICATION U/S 372

CR.P.C (LEAVE TO APPEAL) No. - 454 of 2017

Applicant :- Mohd. Shareef

Opposite Party :- State Of U.P. & 2 Others

Counsel for Applicant :- Ansar Ahmad

Counsel for Opposite Party :- G.A.

Hon'ble Vipin Sinha,J.

Hon'ble Ifaqat Ali Khan,J.

Heard Sri Ansar Ahmad, learned counsel for the

appellant on the application seeking leave to appeal against

the judgment and order dated 30.10.2017 by means of

which accused respondents, namely Matloob Husain and

Sameer have been acquitted of the offences under Sections

307/34, 323/34 and 504 I.P.C.

We have perused the impugned judgement and order

and the findings as recorded therein.

Learned counsel for the appllent 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 ag