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Allahabad High Court · body

2015 DIGILAW 1703 (ALL)

State of U. P. v. Tejveer

2015-07-02

PRATYUSH KUMAR, VIKRAM NATH

body2015
JUDGMENT This appeal arises out of the judgement and order of the Special Judge Gangster Act/Special Sessions Judge Court No.5, Mathura dated 27.03.2015, acquitting the accused-respondents, under section 302/34 and 201/34 of IPC and 2/3 Gangster Act in G.S.T. No. 533 of 2008, State of Uttar Pradesh vs. Tejveer Singh and another. 2. We have heard learned AGA for the State - appellant and perused the record. 3. On a careful perusal of the judgement and record, it cannot be said that the view taken by the trial judge is perverse or unreasonable. Simply because another view might have been taken of the evidence provides no ground for interfering with the order of acquittal unless the view taken by the trial judge is not a possible view. On the evidence available on record, it cannot be said that the view taken by the trial judge was not a reasonably possible view. 4. In this view of the matter, there is no merit in the application for leave to appeal which is rejected and consequently, the Government Appeal is also dismissed.