- (1.) HEARD learned counsel for the appellant, learned AGA and perused the records.
(2.) THIS Criminal Misc. Leave Application has been preferred by appellant Suneeta Devi praying for grant of leave for filing appeal against the judgment and order dated 18.12.2012 passed by Additional Sessions Judge, Court no. 14, Bareilly and for summoning of the records of the court below before hearing of the appeal for admission.
(3.) THE application for grant of leave to appeal is preferred on the ground that the judgment and order passed by the learned Additional Sessions Judge is against the evidence on record; that the prosecution story is not doubtful and is well supported by the witness; that there is no contradiction in the statements of the witnesses and the oral evidence and that even the minorest of the contradiction has been fully narrated which might have affected the outcome of the case. However, the Trial court by giving unnecessary weightage to minor contradictions has illegally acquitted the accused person though there was sufficient and cogent evidence to establish their guilt beyond reasonable doubt. After having heard learned counsel for the parties and from a careful perusal of the record, we find that there are material contradictions in the statement of witnesses of the prosecution. The allegation of enmity also exists between the parties which is strong enough to falsely implicate the accused persons. In this backdrop it may also be noted that the day before the incident, an altercation had already taken place between them regarding theft of buffaloes.;