HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 45 Case :- GOVERNMENT APPEAL No. - 4073 of 2015 Appellant :- State Of U.P. Respondent :- Narayan Singh Counsel for Appellant :- Govt.Advocate Hon'ble Vikram Nath,J.
Hon'ble Pratyush Kumar,J.
Crl.Misc.Appln.No.Nil of 2015 Leave to appeal is rejected.
For orders, see our order of date passed in the memo of appeal.
Order Date :- 23.9.2015 SKD Case :- GOVERNMENT APPEAL No. - 4073 of 2015 Appellant :- State Of U.P.
Respondent :- Narayan Singh Counsel for Appellant :- Govt.Advocate Hon'ble Vikram Nath,J.
Hon'ble Pratyush Kumar,J.
This appeal arises out of the judgment of the Additional District & Sessions Judge, Court No.10, Agra in Session Trial No.1159 of 2010 (State Vs. Narayan Singh) arising out of Case Crime No.158 of 2010, dated 16.06.2015, acquitting the accused-respondent Narayan Singh, under sections 302 I.P.C., Police Station Shamshabad, District Agra.
Heard Sri Akhilesh Singh, learned A.G.A. appearing for the appellant and perused the trial court's judgement and record.
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.
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.
Order Date :- 23.9.2015 SKD