State Of U.P. vs Shamsher @ Laddo & Another
2016 Latest Caselaw 764 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 45
 

 
Case :- GOVERNMENT APPEAL No. - 8528 of 2009
 

 
Appellant :- State Of U.P.
 
Respondent :- Shamsher @ Laddo & Another
 
Counsel for Appellant :- Govt. Advocate
 

 
Hon'ble Shashi Kant Gupta,J.

Hon'ble Mrs. Vijay Lakshmi,J.

Heard learned A.G.A. for the State appellant/applicant and perused the material on record.

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 2.9.2009, passed in Sessions Trial No. 125 of 2004, State of U.P. versus Shamsher alias Laddo and another, arising out of Case Crime No. 77 of 2004, under sections 302/34, 201/34, 394/34 and 411 IPC, P.S. Gyanpur, District Sant Ravidas Nagar Bhadohi, by the learned Sessions Judge, Bhadohi at Gyanpur, whereby the accused respondents have been acquitted for the offence punishable under the sections referred to above.

We have carefully perused the impugned judgment and order of acquittal passed by the court below.

The learned counsel for the applicant has failed to demonstrate that the observations of the court below were factually incorrect.

We do not find any factual or legal error in the assessment of evidence by the court below. We do not see any illegality or infirmity in the impugned order passed by the court below. The court below has given cogent and convincing reasons for acquitting the accused respondents. Moreover, the view taken by the court below is a possible view. 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.

Order Date :- 16.3.2016

Pcl