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2015 DIGILAW 3967 (ALL)

State of U. P. v. Babloo @ Kulbeer

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 12.9.2007, passed in Sessions Trial No. 280 of 2005 (State versus Sanjeel and others) arising out of Case Crime No. 334 of 2004, under Sections 304B, 498A, 201, 302 and 323 IPC, P.S. Nukud, District Saharanpur by the learned Additional District and Sessions Judge, Court No. 9, Saharanpur 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. The impugned judgment and order passed by the court below does not suffer from any infirmity in this regard so far as the accused respondents No. 1 and 2 namely Babloo alias Kulbeer and Smt. Savitri are concerned. 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. 5. However, it is made clear that this Court has not expressed any opinion with regard to culpability of co-accused Sanjeel in the alleged commission of crime, who has filed Criminal Appeal No. 6598 of 2007 against his conviction 6. Since the present appeal has been dismissed, let the file of the present appeal be detached from the connected Criminal Appeal No. 6598 of 2007. 7. Office to list Criminal Appeal No. 6598 of 2007 before the appropriate Court in due course.