STATE OF MADHYA PRADESH Vs. BHOLANATH SINGH

JUDGEMENT

(1.) Heard on admission. This is an application for grant of leave to appeal under Section 378(3) of the Code of Criminal Procedure ("Code" for short) against the acquittal of respondents for the offences punishable under Sections 307 read with Section 34, 294, 506 Part II of the Indian Penal Code (for short, 'the IPC'). The corresponding judgment was passed by Additional Sessions Judge, Singrouli in Sessions Trial No. 160/2010 on 7.8.2012. By the impugned judgment only, respondents were convicted under Section 323 (on two counts) of the IPC and were released on probation of good conduct for a period of two years.

(2.) Prosecution case, in brief, is that on 16.11.2007 at about 6:30 pm at Dudhichua Colony NCL, respondents, in furtherance of their common intention, attempted murder of Rahul (PW7) by inflicting injuries with the Butt of Kudali on his head and inflicted simple injuries to Awdhesh Tiwari (PW4) by pelting stones on him, and also abused and threatened to kill them. Report of the incident was lodged by complainant Awdhesh Tiwari and after investigation, charge-sheet was filed.

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