STATE OF MADHYA PRADESH Vs. JAIPAL SINGH

JUDGEMENT

(1.) Heard on admission. This application for grant of leave to appeal has been preferred under Section 378(3) of the Code of Criminal Procedure (hereinafter referred to as "the Code") being aggrieved with the judgment dated 16/08/2012 passed by Additional Sessions Judge, Pawai, District Panna, in Sessions Trial No. 52/2010, whereby respondents have been acquitted of the offence punishable under Sections 327 & 436 of the Indian Penal Code ("IPC" for short), but convicted under Section 323 of the IPC and sentenced accordingly.

(2.) Prosecution case, in brief, is that on 09/04/2009 at about 8 pm, upon refusal of complainant to give money for consuming liquor, respondents along with co-accused Jeetu Singh Thakur, a juvenile, not only filthily abused him but after dragging him out of his Pan Gumti, beat him with kicks and fists and set fire to the Gumti. On the basis of the said report FIR (Ex. P/1) in respect of crime No. 49/09 for the offences punishable under Sections 294, 323, 327, 435 & 506 Part II read with Section 34 of the IPC was registered and after investigation, charge-sheet was filed.

(3.) Learned Government Advocate submitted that the trial Court had not properly appreciated the evidence on record and the judgment of acquittal deserved to be interfered with.