STATE OF U.P. Vs. KAMAL KUMAR GUPTA

JUDGEMENT

(1.) Heard learned AGA Sri H.M.B. Sinha and Sri Rahul Singh Tomar, learned counsel for the accused-respondent, on the application seeking leave to appeal as well as the appeal itself, against the judgment and order of acquittal dated 09.10.2012, passed by Additional Sessions Judge, Court No.5, Muzaffarnagar, in Session Trial No.712 of 2010(State Vs. Kamal Kumar Gupta), arising out of Case Crime No.1597 of 2009 by means of which the accused person has been acquitted for the offence punishable under Sections 302, IPC , Police Station Kotwali Nagar, District Muzaffarnagar.

(2.) Even though the learned A.G.A. has very strongly pressed the application, but it could not be denied that the present case is based upon circumstances evidence and there is no direct evidence whatsoever. As far as the circumstances evidence is concerned, the court concerned while discussing the evidence has clearly observed herein as under, with regard to the three witnesses who were examined. The relevant extract of the statement of all the three witnesses is being extracted herein below:- ....[VARNACULAR TEXT OMITTED]....

(3.) We have perused the judgment and order dated 09.10.2012 and the findings as recorded therein.