ROSHAN KHATOON Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard learned counsel for the appellant as well as learned Additional Public Prosecutor for the State on the point of admission and in our view, this criminal appeal can be disposed of on admission stage itself.

(2.) The grievance of the appellant is that the learned Trial Court failed to convict the respondents no. 2 and 3 for the offence punishable under Section 307 of the Indian Penal Code, especially, in the circumstance when almost all the eye witnesses very clearly stated that the respondents no. 2 and 3 assaulted her by deadly weapons with an intention to commit her murder.

(3.) Learned counsel appearing for the appellant submits that almost all the prosecution witnesses in one voice, specifically, stated that respondents no. 2 and 3 assaulted the appellant by means of Farsa and knife but the learned Trial Court completely ignored the above stated claim of the prosecution witnesses and convicted the respondents no. 2 and 3 only for the offence punishable under Section 323 of the Indian Penal code and gave them benefit of Section 4 of the Probation of Offenders Act which is not in accordance with law.