STATE OF U.P. Vs. SURYA BALI

JUDGEMENT

(1.) THIS application under Section 378(3) Code of Criminal Procedure has been moved with prayer for grant of leave to appeal against judgment and order dated 30.04.2003 passed in Sessions Trail No. 563 of 1999 by learned Second Additional Sessions Judge, Faizabad whereby Respondent Surya Bali has been acquitted of the charges levelled against him under Sections 323/307 read with Section 34 Indian Penal Code and Section 302/34 Indian Penal Code.

(2.) WE have gone through the judgment as well as record of the court below.

(3.) SUBMISSION learned Additional Government Advocate is that the testimony of injured witness has been discarded by the court below without there being any occasion and justifiable reason to discard the same and also since the incident is of broad day light the judgment is based on surmises and conjunctures.