- (1.)Rule. By consent, Rule made returnable forthwith.
(2.)By consent, heard finally.
(3.)The petitioner is the original First Informant. On the basis of a complained lodged by him before the Magistrate, investigation as contemplated under section 156(3) of the Code of Criminal Procedure (for short 'the Code') was ordered, and a chargesheet came to be filed against the respondent nos.1 and 2 herein. The police report alleged that the respondent nos.1 and 2 had committed offences punishable under sections 324 IPC, 323 IPC, 504 IPC, 506 II of the IPC and 389 of the IPC. The learned Magistrate, after holding a trial, by an order dated 10th August 2009, acquitted the respondent nos.1 and 2. Being aggrieved thereby, the petitioner moved the Court of Sessions in revision, challenging the order of acquittal as passed by the Magistrate. The learned Addl. Sessions Judge, who heard the Revision Application, upheld the acquittal of the respondent nos.1 and 2 with respect to all the alleged offences, except the one punishable under section 323 of the IPC read with section 34 of the IPC. The learned Addl. Sessions Judge convicted the respondent nos.1 and 2 of an offence punishable under section 323 IPC read with section 34 of the IPC, and sentenced each of them to pay a fine of Rs.500/ in default to suffer SI for five days. The petitioner is still aggrieved, as according to him, the respondent nos.1 and 2 should have been convicted of the other offences also. He has, therefore, filed the present petition, invoking the jurisdiction of this Court under Article 227 of the Constitution. The prayer of the petitioner is that the order passed by the Court of Sessions in revision, be quashed, and that either the matter be remanded back to the trial court for reframing the charges in respect of the alleged offences, or in the alternative, the respondent nos.1 and 2 be convicted of the other offences also, and be appropriately sentenced.