SPLA No. 42 of 2011 with CRLA No. 77 of 2011 Hon’ble Prafulla.C.Pant, J Hon’ble Servesh Kumar Gupta,J Shri R.S.Sammal Advocate, present for the appellant. Shri Amit Bhatt, A.G.A., present for the State. Heard. This is Leave to Appeal Application No. 42 of 2011, moved under section 378 (4) read with section 372 of Cr.P.C., as amended vide Act No. 05 of 2009 by widow of the deceased ( victim). It is pleaded that the trial court has erred in law in disbelieving the eye witnesses who have supported the prosecution story. The Leave is granted. (Application for Leave to Appeal No. 42 of 2011 stands disposed of). Admit the appeal. Summon the lower court record. Issue notices to respondent no.2 Neeraj Tiwari. (S.K.Gupta, J.) (P.C.Pant,J) 28.04.2011 N.P