STATE OF U.P. Vs. RAGHUBAR AND ORS.

JUDGEMENT

(1.) The State of U.P. has filed this appeal under Section 378 Cr.P.C. questioning the legality of the judgment dated 2.6.1998 passed by the Sessions Judge, Hamirpur whereby all the accused persons/respondent Nos. 1, 2 and 3 were acquitted of the charges levelled against each of them under sections 304/34 and 323/34 IPC.

(2.) We have heard Sri Chandrajeet Yadav learned AGA, Shri Anil Kumar learned counsel for the complainant and Shri S.K. Tiwari, learned counsel for the other side and have perused the trial court's judgment and record.

(3.) Learned AGA has vehemently argued that the Trial Court has not properly appreciated the evidence on record and has acquitted the accused persons on flimsy grounds. The judgement and order passed by the Trial Court is based on surmises and conjectures and is against the weight of evidence on record. There is no material contradiction in the statements of witnesses, but the Trial Court has erred in holding otherwise. On the aforesaid grounds, it has been prayed by learned AGA that the appeal be allowed, the impugned judgment of acquittal be set aside and the respondents be convicted and sentenced according to law.