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State Of U.P. v. Ram Pragat Dubey & Another - GOVERNMENT APPEAL No. 5162 of 2005 [2006] RD-AH 3280 (13 February 2006)


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Court No. 2.

Criminal Misc. Application No.            of 2005

(Under Section 378(3) of the Criminal Procedure Code)


Government Appeal No. 5162 of 2005

State of U.P.      Vs.   Ram Pragat Dubey  and another


Hon'ble Imtiyaz Murtaza, J.

Hon'ble R. N. Misra, J.

Heard learned A.G.A. for the State.

This application under Section 378(3) Cr.P.C. has been filed by the State of U.P. with the prayer that leave to appeal may be granted against the judgment and order dated 8.6.2005 passed by the learned Addl. Sessions Judge, Court No. 2, Gyanpur Bhadohi in S.T. No. 195 of 1997 whereby the respondents have been acquitted for the offence punishable under Sections 302/34 I.P.C.

It is contended by learned A.G.A. that the impugned judgment and order of acquittal is erroneous and bad in the eye of law and the respondents have been wrongly acquitted by the trial court. The prosecution case is fully supported by medical evidence. The lerned Sessions Judge has acquitted the respondents on the basis of surmises and conjectures.

From the perusal of the judgment and lower court record it appears that the findings of acquittal recorded by the trial court require reconsideration.

We have carefully examined the acquittal order. In our opinion, it is a fit case for grant of leave to appeal. Leave to file the government appeal is accordingly granted and the application for leave to file the government appeal is allowed.

Dated : 13.2.2006



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