SALAM GADI Vs. STATE OF BIHAR

JUDGEMENT

(1.) The instant appeal has been directed against the judgment and order dtd. 3/8/2023 passed by the court of learned Additional Sessions Judge-V, Bettiah, West Champaran in Sessions Trial Case No. 763 of 2013/CIS No.1535 of 2013 arising out of Balthar P.S. Case No. 18 of 2009 by which the learned trial court convicted the respondent nos. 2 to 4 (hereinafter referred to as 'respondents') for the offences under Ss. 341, 323 and 324 all read with the Sec. 34 of the Indian Penal Code ( in short 'IPC') instead of convicting the respondents for the charged offences under Ss. 307 and 504 of IPC both read with Sec. 34 of IPC and acquitted them for the said charged offences, so, on account of being aggrieved, the appellant who was informant in Balthar P.S. Case No. 18 of 2009 preferred the instant appeal under Sec. 372 of the Code of Criminal Procedure, 1973 ( in short 'Cr.P.C.') with a prayer to set aside the judgment and order convicting and sentencing the respondents for lesser offences.

(2.) Heard Mr. Wasi Ahmad Khan, learned counsel appearing for the appellant and Mr. Binod Bihari Singh, learned Additional Public Prosecutor for the State.

(3.) We had issued notice to respondent Nos. 2 to 4. From the office notes it would appear that notice for respondent No. 3 has been served personally whereas notices of respondent Nos. 2 and 4 have been served upon their father. As such, we take that the notices have been validly served upon respondent Nos. 2 to 4. However, they have not entered appearance.