STATE OF U P Vs. VIRENDRA

JUDGEMENT

(1.) Heard Ms. Usha Kiran, learned A.G.A. for the appellant-State of U.P., Sri A.K. Awasthi & Sri Rakesh Kumar Srivastva, learned counsel for the complainant, Sri Rajrshi Gupta, learned counsel for the accused-respondents and perused the record.

(2.) This Government Appeal No. 1441 of 2005 along with Criminal Misc. Application (Leave to Appeal) under Sections 378 and 378 (3) Cr.P.C. has been preferred challenging the validity and correctness of the impugned judgment and order of acquittal dated 14.12.2004 passed by the II Addl. Chief Judicial Magistrate, Gautambudh Nagar in Case No. 66 of 2004 (State Vs. Virendra and others) acquitting the accused- respondents of the charges framed against them under Sections 323,324,325, 326,504 and 506 IPC.

(3.) Briefly stated the prosecution case is that on 25.2.1999 an application was moved by complainant Bhagmal Singh before the S.O. at Police Station Dankaur, Gautambudhar to the effect that when Narmesh son of his nephew resident of village Devta was standing in front of his house at about 5.00 P.M., accused Virendra son of Rantu and Ravi son of Mani Ram resident of village Devta, who were going on bicycle, collided with Narmesh, whereupon some altercation and scuffle is said to have taken place between them which subsided on the spot.