DEVRAJ PRASAD TIWARI Vs. RAMCHARIT

JUDGEMENT

(1.) Heard on admission. This appeal has been preferred under Section 372 of the Code of Criminal Procedure (hereinafter referred to as "the Code") being aggrieved with the judgment dated 11.6.2013 passed by IV Additional Sessions Judge, Rewa, in Sessions Trial No. 202/2008, whereby respondent nos. 1 to 5 namely Ramcharit, Sheshmani, Ramadhar, Raghupati and Geeta Devi have been acquitted of the offences punishable under Sections 307 or 307 read with 149, 325 or 325 read with 149 and 323 or 323 read with 149 (two counts) of the Indian Penal Code ("IPC" for short).

(2.) Prosecution case, in brief, is that on 1/8/2005, in order to dispossess Chudamani, Shapathmuni, Devraj and Ramlal of their lands, respondents constituted an un-lawful assembly and in furtherance of its common object, not only attempted murder of Chudamani, but also caused grievous injury to Shapathmuni and injuries to Devraj and Ramlal. All the victims were brought to Hospital at Rewa, from where intimation was sent to Police Outpost SGMH, on the basis of which Crime No. 102/05 was registered and after investigation, charge-sheet was filed.

(3.) Learned counsel for the appellant submitted that the trial Court had erred in appreciating the evidence on record and the judgment of acquittal deserved to be interfered with.