State Of U.P. vs Akhilesh Singh And 2 Others
2015 Latest Caselaw 2587 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 45
 

 
Case :- GOVERNMENT APPEAL No. - 4074 of 2015
 

 
Appellant :- State Of U.P.
 
Respondent :- Akhilesh Singh And 2 Others
 
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. - 4074 of 2015

Appellant :- State Of U.P.

Respondent :- Akhilesh Singh And 2 Others

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.1, Ballia in Sessions Trial No.269 of 2008 (State Vs. Akhilesh Singh & others) arising out of Case Crime No.124 of 2008, dated 19.05.2015, acquitting the accused-respondent nos.1 to 3, under sections 302 & 201 I.P.C., Police Station Kotwali Bansdeeh, District Ballia.

Heard 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