CHAKRADHARI SHARAN SINGH,J. - (1.) Heard Mr. Atif Imam, learned counsel for the appellant, and Mr. S.A.Ahmad, learned Addl. Public Prosecutor, appearing on behalf of the State.
(2.) This appeal under proviso to section 372 of the Code of Criminal Procedure has been preferred against the judgment and order dated 13.4.2015 passed by the learned Addl. Sessions Judge IV, Samastipur in S.Tr. No. 476/2010 arising out of Khanpur P.S.Case No. 34/2010, G.R.No. 491/2010. By the said judgment and order, the learned court below has convicted respondent no.2 of the offence punishable under Sections 341, 323, 324 and 504 of the Indian Penal Code and respondents no. 3 and 4 of the offence punishable under Sections 341, 323 and 504 of the Indian Penal Code and has acquitted them of the charge under section 307 read with section 34 of the Code.
(3.) The appellant, who is the informant of Khanpur P.S.Case No. 34/2010, has, in the present appeal, raised a grievance that though there were evidence and material on record of the concerned criminal trial, which were sufficient to hold appellants no. 2 to 4 guilty of the offence under section 307 read with Section 34 of the Indian Penal Code, the learned trial court acquitted the respondents of the said charge and has convicted them for minor offences.;