- (1.) THIS application under Section 378(3) Code of Criminal Procedure has been moved with prayer for grant of leave to appeal against judgment and order dated 30.04.2003 passed in Sessions Trail No. 563 of 1999 by learned Second Additional Sessions Judge, Faizabad whereby Respondent Surya Bali has been acquitted of the charges levelled against him under Sections 323/307 read with Section 34 Indian Penal Code and Section 302/34 Indian Penal Code.
(2.) WE have gone through the judgment as well as record of the court below. It comes out that the incident had taken place on 21.05.1999 at about 05.00 pm at the door of Tinaku, a resident of village Banwa. In the said incident some quarrel had taken place between Ram Shakal and Surya Bali and when mother of Ram Shakal, namely, Dhanai Devi along with her husband Dwarika Prasad (now deceased) were going to make complaint of Surya Bali, they were waylaid by Respondent Surya Bali and one Ram Bali with lathi and danda in which deceased Dwarika Prasad received injuries of lathi on various parts of his body and even his wife Smt. Dhanai Devi also received injuries. Smt. Dhanai Devi, who happens to be wife of the deceased and has been examined as PW -3, has stated in her statement that blood stains were also found at the place of incident.
(3.) SUBMISSION learned Additional Government Advocate is that the testimony of injured witness has been discarded by the court below without there being any occasion and justifiable reason to discard the same and also since the incident is of broad day light the judgment is based on surmises and conjunctures.;