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Court No. - 51

Case :- GOVERNMENT APPEAL No. - 646 of 2018

Appellant :- State Of U.P.

Respondent :- Mohammad Kasim

Counsel for Appellant :- 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 29.3.2018 by means of which

accused respondent has been acquitted for the offence punishable

under section 306 and 302 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 respondent beyond the reasonable doubt.

We have perused the impugned judgment. Perusal of the

impugned judgment shows that the concerned court has recorded

categorical findings after perusing the entire evidence on record. Most

relevant part of the judgment is being