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2015 DIGILAW 3966 (ALL)

State of U. P. v. Kaptan Singh

2015-12-14

SHASHI KANT GUPTA, VIJAY LAKSHMI

body2015
JUDGMENT Heard learned A.G.A. for the State appellant/applicant and perused the material on record. 2. This application has been filed by the State appellant/applicant with the prayer that leave to appeal may be granted against the judgement and order dated 27.11.2007, passed in Sessions Trial Nos. 315 of 2003, 315B/2003, 315C of 2003 and 315D of 2003, State versus Alwar and others and State versus Kaptan Singh, State versus Rajveer alias Guddu, State vs. Alwar and others, arising out of Case Crime No. 30 of 2002, 32 of 2002, 33 of 2002 and 34 of 2002, under Sections 147, 148, 307/149, 411 IPC sections 2/30 Pracheen Puratattawiya Smarak Avashesh Adhiniyam, P.S. Allow, District Mainpuri, by the learned Additional Sessions Judge/Fast Track Court No. 1, Mainpuri, whereby the accused respondents have been acquitted for the offence punishable under the sections referred to above. 3. We have carefully perused the impugned judgment and order of acquittal passed by the court below. 4. We do not find any factual or legal error in the assessment of evidence by the court below while acquitting the accused respondents. Moreover, the view taken by the court below is a possible view. The court below has given cogent, convincing and satisfactory reasons while passing the order of acquittal. We, therefore, do not consider it to be a fit case for grant of leave to appeal to the applicant. The application seeking leave to appeal is, accordingly, rejected and, consequently the appeal is also dismissed.