MANGAL PRASAD Vs. JOHAR

JUDGEMENT

(1.) THIS revision is filed by the complainant challenging the acquittal of respondents under Sections 148, 302 read with Section 149, IPC and Section 120-B, IPC.

(2.) TRIAL Court framed the charges against the respondents for the offences under Sections 148 and 302, IPC in the alternative under Section 302/149, IPC and Section 120-B, IPC. Trial Court after trial has convicted the respondents for the offence under Section 323 read with Section 34, IPC.

(3.) TRIAL Court has recorded a finding that accused Nos. 1 to 4 had caused simple injuries to deceased Umashankar but since injuries have been caused by only four accused therefore provisions of Sections 148,149, IPC are not attracted. Charges under Sections 148,149, IPC are not proved. Trial Court has held that only charge under Section 323, IPC is proved against the respondents and offence under Section 302, IPC is not proved. Trial Court has further held that an offence under Section 120-B, IPC is also proved against the respondents.