K.N.Sinha, J. - (1.) Heard learned counsel for the applicants, learned A.G.A. and Sri Manoj Kumar, learned counsel for the opposite party No. 2.
(2.) It is alleged that applicants Prem Kumar alias Munna Rai and Chunnu Rai are accused in case crime No. 128 of 2003 under Sections 323/325/504/506 Indian Penal Code. The report was lodged on 15.6.2003 and charge sheet was submitted against all the accused. At the time of framing of the charge, the trial court found applicant No. l to be of 18 years of age and applicant No. 2, 13 years of age and they were juvenile on 13.6.2003 (date of occurrence). The trial court separated the case of the applicants and the trial of rest of the accused proceeded. The prosecution examined two witnesses of fact who turned hostile and none of them gave statement against the accused facing trial. Consequently, the trial court acquitted the co-accused on 2.3.2005. On the strength of acquittal of co-accused, the present application has been filed for acquittal of other accused as well.
(3.) I have perused the copy of the judgment, which has been filed along with supplementary affidavit. The judgment shows that Harakh Rai and Hridayananad had faced trial and case of applicants Prem Kumar and Chunnu Rai was separated on the ground of there being juvenile. The prosecution examined Dinesh Sharma (PW-1) and Harikesh Sharma (PW-2). Both the witnesses were declared hostile as they did not support the prosecution version. Both the witnesses are injured. They have denied the involvement of co-accused and applicants in the commission of the offence. The judgment shows that Harakh Rai and Hridayanand were acquitted. The F.I.R. shows that besides non-applicants Harakh Rai and Hridayananad the present applicants were also accused. The judgment shows that case of present applicants was separated.;