(1.) The present application under Section 378 (4) of the Code of Criminal Procedure ('Cr.P.C.' for short), has been filed by the complainant, seeking leave to file appeal against the judgment of acquittal dated 13.5.2010. Another application under Section 5 of the Limitation Act has been filed seeking condonation of delay of 221 days in filing the application under Section 378 (4) Cr.P.C.
(2.) A complaint under Sections 325, 323, 459 read with Section 34 of the Indian Penal Code ('IPC' for short), was filed by the applicant against respondents No. 2 to 4 with the allegations that during the panchayat elections, accused-respondents caused grievous injuries to Ballam Singh and others.
(3.) In order to avoid repetition and also for the sake of brevity, it would be appropriate to refer to the facts noted by the learned trial court and the same read as under:-