KAILASH Vs. VINOD AND ORS

JUDGEMENT

(1.) Heard on the question of admission.

(2.) This appeal has been filed by the appellant/complainant under Section 372 of the Criminal Procedure Code,1973 against the judgment dated 31/8/2010 passed by the Additional Sessions Judge, Rajgarh in Sessions Trial No.80/2010, whereby the learned trial Court acquitted the respondents No.1 and No.2 under Section 148, 307 in alternative 307/149 and respondents No.3 to 5 under Section 147, 307/149 of IPC and convicted the other accused/ respondents i.e. Vinod, Durgesh and Radheshyam for the offence punishable under Section 323 in lieu of Section 307 of the IPC.

(3.) Brief facts of the prosecution case are that on 14/12/2009, the complainant has lodged report against the accused/respondent Nos. 1 to 4 that he has been assaulted by the accused persons by deadly weapon(lathi and iron rod) with their common object and intention to cause the death. After investigation charge sheet has been filed by respondent No.6/State against accused/respondent Nos. 1 to 5 under Sections 148, 307 in stead of Section 307/149 of the IPC.