(1.) Heard learned counsel for the parties.
(2.) This is an appeal preferred by the informant/appellant under Sec. 372 of the Code of Criminal Procedure, 1973 (hereinafter to be referred to as 'Cr.P.C.') assailing the judgment and order dtd. 30/9/2011 passed by learned Additional Sessions Judge/1st F.T.C. Nainital, in Sessions Trial No.99 of 2009 State Vs. Minshun Kumar and another, whereby, the said Court has acquitted respondent No.2-accused Minshun Kumar for the offence punishable under Ss. 452, 323, 354, 504 IPC and respondent No.3/accused for the offence punishable under Ss. 323 and 504 IPC.
(3.) It is mentioned at this stage, that this matter relates to the Cross-FIR. An FIR was lodged by respondent No.3 herein namely Lalit Mohan Budhlakoti against Naveen Chandra Arya and two others, who were tried by learned Additional Sessions Judge in Sessions Trial No.81 of 2008 by the self-same Court. At the end of trial, the accused/respondents therein, were held guilty for the offence punishable under Ss. 333 read with 34, 427, 504 and 506 IPC and they were sentenced accordingly.