MAHTAB SHAHEEN Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Appellant is the first informant and is aggrieved of the acquittal earned by all the three respondent-accused, namely, Md. Sonu, Md. Kalimuddin @ Md. Kalim and Md. Daud, for the charge of section 307/34 I.P.C.

(2.) It needs to be mentioned here that one of the accused namely Md. Kalimuddin @ Md. Kalim also stands convicted for the offence punishable under section 325 I.P.C for allegedly assaulting Shahjad Sahin by lathi (blunt weapon) resulting into fracture of bone. There appears to be some mistake, may be inadvertently made by the learned trial court in holding the accused Md. Kalimuddin @ Md. Kalim guilty under section 325/34 I.P.C, whereas there should have been the conviction for the charge of 325 I.P.C substantively. We, however, ignore it.

(3.) Another fact, which needs to be mentioned here, is that the State has not preferred any appeal against the impugned judgment, therefore, the State is arrayed as party-respondent no.1. Mr.Shekhar Sinha, learned APP appearing for the State, has also verified this fact.