- (1.) HEARD learned counsel for the State.
(2.) THE State has filed this application under Section 378 (3) Cr.P.C for grant of leave to appeal against judgment of acquittal of the respondents passed in Sessions Trial No. 1155 of 2010 by the Additional Sessions Judge (Court No. 35), Barabanki vide judgment and order dated 15.09.2011 acquitting the respondents of charges framed against them under Sections 147, 308/149, 323/149, 395/149, 427/149, 436/149, 458/149, 504 and 506 IPC.
(3.) WE have gone through the judgment of the learned court below. As it comes out that on 30.08.2009 at 07.00 p.m. the respondents reached the village of the complainant and demolished the wall, which was the bone of contention between the parties and for which even a case was pending before the competent court, since the respondents were objecting to the construction of the wall claiming it to have been erected on the land belonging to them. The prosecution case is that the respondents demolished the wall of the complainant, committed robbery and burnt his house and inflicted injuries to four persons on the side of the complainant out of which three injured persons were examined as prosecution witnesses in the trial.;