MAHENDRA SINGH Vs. RAJKUMAR

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 19/04/2010 passed by III Additional Judge (FTC) to the Court of III Additional Sessions Judge, Raisen at Begumganj in Sessions Trial No. 14/2007, whereby respondent nos. 1 to 4 viz. Rajkumar, Babbu alias Babulal Harijan, Malthu and Omprakash alias Ramprasad Harijan have been acquitted of the offence punishable under Section 302/34 of the Indian Penal Code ("IPC" for short).

(2.) Prosecution case, in brief, is that on 05/10/2006 appellant Mahendra Singh lodged a report that when his father Narayan Singh was working at the fields, then accused persons namely Rajkumar, Malthu Baretha, Babbu Harijan and Omprakash assaulted Narayan Singh with Gupti, Danda and Axe. While the appellant alongwith Ramraj Thakur was taking his unconscious father to hospital, he died in the way. On the aforesaid information Crime No. 280/2006 for the offence punishable under Section 302/34 of IPC was registered and after investigation charge sheet was filed.

(3.) Learned counsel for the appellant as well as learned Government Advocate submitted that the impugned judgment was passed without proper appreciation of evidence on record and deserves to be interfered with.