- (1.) The application for leave to appeal has been moved against the judgment and order dated 6.7.2001 passed by A.C.J.M., Varanasi acquitting the respondents no.2 to 6 from the charges of offences under Sections 147 , 323 , 504 and 506 IPC.
(2.) Learned counsel for the appellant contends that the learned trial court acted wrongly and illegally in not convicting the respondents no.2 to 6; that it was proved from the evidence on record that there was old enmity between the parties and multiple injuries were sustained by complainant/appellant S.N. Choubey, which were duly proved by Medical Officer, P.W.-4 Dr. B.M. Kumar; that the learned trial court has taken a very technical view in analyzing the evidence on record; that the contradictions in complainant's evidence were not so material rather were natural and immaterial.
(3.) Per contra learned A.G.A. supporting the impugned order of acquittal submitted that the trial court has analyzed the complainant's evidence correctly and since there were material contradictions in the prosecution evidence, and the injury report itself was contradictory to the complaint case so the acquittal order has been rightly passed.;