SHIVA SHANKAR Vs. STATE OF C G

JUDGEMENT

(1.) Three accused persons namely Shivshankar, Shriram & Bunty @ Sadashiv were tried for the offences punishable under Sections 326 and 324 of the Indian Penal Code on a charge sheet filed by Station House Officer, Chhawni, District Durg on the charges that they have caused grievous hurt to Kunwardas and simple hurt to Urmila Bai, Santoshi and Shyamdas. Judicial Magistrate, First Class, Durg, by its order dated 28.04.2003, acquitted the present applicants namely Shiva Shankar & Shri Ram from the charges under Sections 326 & 324 of the Indian Penal Code, however, the trial Magistrate convicted the accused namely Bunty @ Sadashiv for offence under Section 324 IPC and sentenced to rigorous imprisonment for two years in each count. However, substantive sentences were ordered to run concurrently.

(2.) The core facts necessary for disposal of this revision are as under:--

(3.) Appearing for the applicants, Shri Amiakant Tiwari, learned counsel would submit that the learned Sessions Judge has committed manifest legal error in setting aside the order of acquittal passed in favour of the applicants by learned Judicial Magistrate as neither complainant had filed appeal seeking leave under Section 378(4) of the Code nor State has preferred any appeal against the order of acquittal and, therefore, order of learned Sessions Judge remanding case for de novo re-trial is absolutely illegal and bad in law.