STATE OF MADHYA PRADESH Vs. ANIL TANWAR

JUDGEMENT

(1.) 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 30/11/2011 passed by the XIV Additional Sessions Judge, Bhopal, in Sessions Trial No. 52/2008, whereby respondent No. 5 Ajay Tripathi has been acquitted of the offence under Section 307 of the Indian Penal Code for short ("the IPC") and the remaining respondents have been acquitted of the offences punishable under Section 323 of the IPC, but all the respondents have been convicted under Sections 147 and 323 /149 of the IPC. Prosecution case, in brief, is that on 04/03/2007 at about 8.30 PM, respondents constituted an un-lawful assembly near Shivji Temple at National Highway Masrod and in furtherance of their common object, assaulted complainant Chetan and respondent No. 5 also attempted to trample him under a Car. Report of the incident was lodged by the complainant on the same day at about 11 p.m., on which Dehati Nalishi was recorded, and after investigation, charge-sheet was filed.

(2.) Learned Government Advocate submitted that the impugned judgment was passed without proper appreciation of evidence on record and all the respondents except respondent No. 5 should have been convicted under Section 323 of the IPC and respondent No. 5 ought to have been convicted under Section 307 of the IPC.

(3.) Having regard to the arguments advanced by the learned Government Advocate, impugned judgment and record of the trial Court were perused.