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2016 DIGILAW 9 (ALL)

State of U. P. v. Udairaj Singh

2016-01-04

SHASHI KANT GUPTA, VIJAY LAKSHMI

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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 21.9.2007, passed in Sessions Trial No. 429 of 1998, State Vs. Udai Raj Singh and others, arising out of Criminal Case No. 366 of 1993, under Sections 307/34, 506 IPC and 30 Arms Act, P.S. Anwala, District Bareilly by the learned Additional Sessions Judge, Bareilly 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.