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2015 DIGILAW 2148 (ALL)

State of U. P. v. Sitaram @ Siyaram

2015-07-28

PRATYUSH KUMAR, VIKRAM NATH

body2015
JUDGMENT We have heard learned A.G.A for the State appellant and perused the trial court's judgement and record. 2. This appeal arises out of the judgment of the Special Judge(D.A.A.)/Addl. Sessions Judge, District Hamirpur dated 27.03.2015 passed in Sessions Trial No. 253 of 2006 (State Verus Sitaram @ Siyaram and others) arising out of Case Crime No.45 of 2006, under sections 302 read with section 34, 201 IPC, P.S. Lalpur District Hamirpur acquitting the accused-respondent nos.1 to 4 of the offence punishable under sections referred to above. 3. On a careful perusal of the judgment 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.