Criminal Misc. Application No. 138 of 2017. Case: Sarvesh Kumar Vs State of U.P. and Another. High Court of Allahabad (India)

Case NumberCriminal Misc. Application No. 138 of 2017
CounselFor Appellant: Aravind Kumar Tripathi, Adv.
JudgesShashi Kant Gupta and Abhai Kumar, JJ.
IssueIndian Penal Code - Sections 302, 307, 504
Judgement DateMay 11, 2017
CourtHigh Court of Allahabad (India)


This application has been filed by the appellant-applicant with the prayer that leave to appeal may be granted against the judgement and order dated 30.3.2017, passed in Sessions Trial No.96 of 2002 (State Vs. Durga Prasad and others), arising out of Case Crime No.33 of 2002, under Sections 302, 307 & 504 IPC, P.S. Chhibramau, District Kannaun by the learned Additional Sessions Judge, Court No.1, Kannaun whereby the accused respondent No.2 has been acquitted for the offence punishable under the sections referred to above.

We have heard learned counsel for the appellant-complainant and learned A.G.A. appearing for the State-respondent no. 1 and perused the trial court's judgment and record.

Upon perusal of judgment and evidence, we are of the view that the order of acquittal recorded by the trial court requires reconsideration.

The application is allowed.

The Criminal Appeal is admitted.

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