HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 45 Case :- GOVERNMENT APPEAL No. - 4037 of 2007 Appellant :- State Of U.P. Respondent :- Chandra Shekhar Alias Shekhar And Others Counsel for Appellant :- Govt.Advocate Hon'ble Vikram Nath,J.
Hon'ble Pratyush Kumar,J.
This Government Appeal arises out of the judgment of the Sessions Judge, Mainpuri, dated 15.2.2007, acquitting the accused-respondents 1 to 4 under sections 302/34, 404/34, IPC.
We have heard learned A.G.A. and perused the trial court's judgment and record.
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.
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 :- 28.9.2015 T. Sinha