1

Court No. - 51

Case :- CRIMINAL MISC. APPLICATION U/S 372

CR.P.C (LEAVE TO APPEAL) No. - 163 of 2018

Applicant :- Mahadev

Opposite Party :- State Of U.P. And 2 Ors.

Counsel for Applicant :- Dharm Singh Parmar

Counsel for Opposite Party :- G.A.

Hon'ble Vipin Sinha,J.

Hon'ble Ifaqat Ali Khan,J.

Heard learned AGA on the application seeking

leave to appeal against the judgment and order dated

28.02.2018 by means of which all the accused persons

have been acquitted for the offence punishable under

section 452, 302/34 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, which

shows that the concerned court has re