IN THE HIGH COURT OF ...........................................

CRA No._________ OF 2019

Cause Title
APPELLANT : .......

Versus

NON-APPELLANT : .......

INDEX

Description of Annexure Page No of the

S.No Documents No. document
.
1. Memo Appeal -- 1 to __
2. List of Documents -- __to__
3. Impugned Judgment __ to __
dated
4. Memo of Appearance -- __ to__

Place: ........
Dated: ..............
Counsel for the Appellant
()
Advocate
 IN THE HIGH COURT OF ............................................
CRA No._________ OF 2019

Cause Title
APPELLANT :

Versus

NON-APPELLANT :

LIST OF DOCUMENTS

Description of Date of Doc. Annex Original Number

S.No. Documents No. / Copy of pages
1. Impugned A-1 Certified __ pages
Judgment Copy
2. Memo of --- - Original 01 pages
Appearance

Place: ............
Dated: ...................
Counsel for the Appellant
)
Advocate
 IN THE HIGH COURT OF .........................................................

CRA No._________ OF 2019

APPELLANT: ........................
(Complainant)

Versus

NON-APPELLANT: ....................

APPEALUNDER SECTION 372 OF THE CODE OFCRIMINAL

PROCEDURE, 1973

Being aggrieved with the judgment and order:

Date of order 2019 (Annexure A- 1)

Session Trial No. ....
Designation of ....
Court
Name of Judge ....
Particulars of the The court below has been pleased to acquit
order the Non-Appellant 1 and 2 from the charges
under sections 302, 201r/w34 of the IPC.
Hence the present appeal against acquittal.

The APPELLANT named above begs to prefer the present the Appeal on the
following facts and grounds amongst others:

1. That, this is appeal arising out of the impugned judgment and order dated ........
by learned ASJ, acquitting the non-appellants no. 1 and 2 of charges of 302,
201 r/w 34 of IPC.
 FACTS OF THE CASE

2. That, the present appellant complained on ...............at around 2 in the afternoon

that dead body of his nephew was found in the well in the village . Deceased
left his house on ............. informing that he had to go to attend a wedding.
When the deceased did not come back next morning complainant and his
family started searching for the deceased. On ...........complainant was informed
by his nephew that dead body of the deceased was in well. On finding the dead
body of the deceased complainant lodged report.

3. That, during the investigation it came to light that one A of the same village
who had earlier kidnapped sister of the deceased and taken her to Pune which
was reported at the Police station ..........due to which A was arrested.

4. That, later A again took another sister of the deceased named ..........which was
again reported at the Police Station and A was again arrested. After the
incident A gave a mobile to sister and deceased found out about the mobile
phone while sister was talking to A. (deceased) assaulted his sister after finding
out about the mobile phone.

5. That, on finding out about the incident of deceased beating his sister A along
with non-appellants planned and killed the deceased using a Gamcha and
disposed the dead body of the deceased in the well to hide evidence of the
offence committed by them.

6. The trial court after perusing the chargesheet framed charges u/s 302 and 201
read with 34 of the IPC against the Non-Appellants.

7. The trial court after appreciating the evidence brought on record acquitted non-
appellants of the charges.
8. That, the judgement of the learned trial judge is perverse and against the law.
Hence, the present application for leave to appeal on the following grounds
amongst others is being filed.

GROUNDS

9. That, the impugned judgement is contrary to the law, facts and circumstances
of the case.

10. That, the mala-fide intentions of the accused can be inferred from the
prosecution story that the deceased complained about the co-accused twice and
thereby the co-accused A along with other co-accused persons i.e. non-
appellants committed the offence.

11. That, the trial court has erred by not adding an important eye witness of the
offence in the array of witnesses. Witness 1 even gave and Affidavit in the
court and a statement before the SDOP to the effect that he was at the time of
incident near the well where the non-appellants had dumped the dead body of
the deceased.

12. That, the trial court failed to see the evidence of the eye witness and was not
given due evidentiary value which ought to be given to an independent eye
witness.

13. That, the trial court ought to have given due opportunity to take into account
the statement given by witness 1 on affidavit against the non-appellants.

14. That, the trial court has not appreciated the evidence of prosecution and
defence witnesses in proper perspective.
 15. That, the eye witness statements were also not presented in the final report due
to the influence of the accused persons and important piece of evidence was
ruled out using unlawful means.

16. That, the trial court has not taken into consideration the accused persons were
influential people of the locality and used undue influence to get the eye
witness out of the witness list.

PRAYER

It is, therefore, humbly prayed that this Hon’ble Court be pleased allow this
appeal, set aside the impugned order dated ...................and convict the non-
appellants with highest punishment for the grave offence committed by the non-
appellants in the interest of justice.

Place: ....................
Dated: .........................
Counsel for the Appellant
()
Advocate
 IN THE HIGH COURT OF ................................................
CRA No._________ OF 2019

Cause Title
APPELLANT :

Versus

NON-APPELLANt

AFFIDAVIT
I, .........................., age ..............................District do hereby state
the following on oath:

1. That, I am the appellant in the present case. I am able to swear this

affidavit on oath, as I am conversant with the facts of the case.

2. That, the contents of the paragraphs 1 to 16 of the appeal have

been read over and explained to me and I have understood the
same. I have appointed, Advocate to appear in the
case on behalf of the petitioner.

3. That, the contents of paragraphs 1 to 16 of the above petition and

the documents are true to my personal knowledge and belief.

4. That, I have not suppressed any material fact.

DEPONENT

VERIFICATION
I, .............the above-named deponent does hereby verify
the contents of paragraphs 1 to 4 of this affidavit are true to my personal
knowledge and belief.
Signed and verified on ........day of December, 2019 at ................

DEPONENT