- (1.) HEARD Learned Counsel for the State.
(2.) THIS application under Section 378 (3) Code of Criminal Procedure. has been moved on behalf of the State for grant of leave to appeal against judgment of acquittal dated 28 -06 -2011 passed by the learned Special/Additional Sessions Judge, Lakhimpur Kheri, by means of which Respondents have been convicted under Sections 323/34, 324/34 and 452 Indian Penal Code in Sessions Trial No. 650 of 2004, but have been acquitted of the charges levelled against them under Section 307/34 Indian Penal Code. We have gone through the judgment of the court below. As it comes out that four persons received injuries out of which three injured persons were examined but their testimonies have been discarded mainly on the ground that the Doctor who has examined the injured has not indicated that the injuries received by the injured in ordinary course could be dangerous to life. It has further been argued that the incident has taken place at 5:30 P.M. in the month of February whereby the accused -respondents armed with Knife, Kaata and Lathi had inflicted injuries upon the injured persons. It is submitted that the prosecution evidence has been discarded by the court below on surmises and conjectures.
(3.) IT also comes out from the judgment of the court below that the court concerned although has reached to the conclusion that the Respondents did commit offence under Sections 452, 323/34, 324/34 Indian Penal Code but has also recorded a finding that offence under Section 307/34 I.P.C. is not made out and, thus, on the one hand convicted all the Respondents under Sections 452, 323/34, 324/34 Indian Penal Code but acquitted the Respondents from the charges levelled against them under Section 307/34 I.P.C.5.;