Arvind Kumar Tripathi, J. - (1.) THE present leave to appeal has been filed against the judgment and order of acquittal of the charges under section 452, 323, 504, 506 IPC and 3(1)X SC/ST Act, P.S. Seohara, District Bijnor by impugned judgment and order dated 7.1.2012 passed by Additional Sessions Judge, Court No.2, Bijnor.
(2.) HEARD Learned Counsel for the appellant, learned AGA for the State and perused the record. Learned Counsel for the appellant submitted that the incident took place on 4.12.2008 at about 5.30 P.M. and on the next date injured Smt. Malti Devi was medically examined. The injuries were reported on her person. There was one tramatic swelling on skull, one incised wound over back, which was muscle deep, which was back of right forearm and there was contusion. The first information report was lodged on application moved under section 156(3) Cr.P.C. However, case was proved and the injured was appeared as P.W. 1 and other witnesses were also examined including the doctor P.W. 4 Sunil Kumar. They have proved the injuries. However, the court below has committed error and acquitted accused opposite party no.2 from the charges, which is perverse and against the evidence on record.
(3.) LEARNED AGA opposed aforesaid prayer.;