BHARAT THAKUR Vs. THE STATE OF BIHAR

JUDGEMENT

(1.) The present appeal has been preferred against the judgment and order, dated 28.08.2014, passed by learned 1st Additional Sessions Judge, Sitamarhi, in Sessions Trial No. 510 of 2006/161 of 2013.

(2.) By the impugned judgment, the learned trial Court has acquitted respondent Nos. 7 to 9 herein of the charges framed against them under Sections 147, 323 and 307 read with Sec. 149 of the Indian Penal Code and respondent Nos. 2 to 6 herein of the charge framed against them under Sec. 307 read with Sec. 149 of the Indian Penal Code, but having found respondent Nos. 2 to 6 herein guilty of the charges framed against them under Sec. 147 and 323 of the Indian Penal Code, the learned trial Court convicted them accordingly.

(3.) Challenging the acquittal of respondent Nos. 2 to 9 of the charges framed against them under Sec. 307 read with Sec. 149 of the Indian Penal Code, the brother of the informant, Bharat Thakur, has filed this appeal on the ground that the learned trial Court did not consider the injury report, which, according to PW 8 (Officer-in-Charge), was procured and, hence, the learned trial Court committed an error holding that no case, under Sec. 307 of the Indian Penal Code, was made out against the respondent Nos. 2 to 9 herein.