PUSPRAJ DUBEY Vs. STATE OF M P

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 14/9/12 passed by Additional Sessions Judge (Fast Track Court), Tahsil Beohari, District Shahdol in Sessions Trial No. 131/10. Whereby respondent nos. 2 to 9 have been acquitted of the offences punishable under Sections 147, 342 /149, 323 /149 and 436 /149 of the Indian Penal Code ("IPC" for short).

(2.) Prosecution case, in brief, is that on 1/4/2010 at about 10-11 p.m., respondent nos. 2 to 9 constituted an un-lawful assembly and in furtherance of their common object, not only roped and wrongfully confined Pushpraj Dubey, who was sleeping outside his house, but also assaulted him and set fire to his house. The incident was witnessed by Raghuraj Singh, Shobhnath and Chandrika Dubey (PW 2). On a written complaint (Ex. P/1), First Information Report (Ex. P/2) was registered at Police Station Jaisinghnagar. After completion of investigation, charge-sheet was filed.

(3.) Learned counsel for the appellant, while making reference to the evidence on record, submitted that the trial Court has erred in appreciating the evidence and the judgment of acquittal deserves to be interfered with.