Aparesh Kumar Singh, Kailash Prasad Deo, J. - (1.) Heard learned counsel for the Informant / appellant, State and the private Respondents on the prayer for condonation of delay of nine days made through I.A. No. 2359/2019 and also on the application for grant of Leave to Appeal in terms of section 378(3) of the Code of Criminal Procedure, 1973 made through I.A. No. 2381/2019 against the judgment of acquittal rendered in Sessions Trial No. 184/2015 dated 29.06.2018 by the Court of learned Additional Sessions Judge-IV, Chatra, whereunder three accused persons / private Respondents have been acquitted from the charge under sections 342/34, 325/34 and 302/34 of the I.P.C.
(2.) Having considered the submissions of learned counsel for the parties and on being satisfied with the reasons stated in the application seeking condonation of delay, delay of nine days in preferring this Acquittal Appeal is condoned. I.A. No. 2359/2019 stands disposed of.
(3.) We have heard learned counsel for the parties at sufficient length on the prayer for grant of Leave to Appeal against the judgment of acquittal. In order to appreciate the rival submissions, relevant material facts and evidence borne from the record are briefly discussed hereunder: Brother of the deceased Mahesh Pandey namely, Ram Lakhan Pandey (Informant) lodged fardbeyan (Ext.2) on 06.08.2015 at 14.45 hours, alleging that on 06.08.2015 at 11.00 am while his brother Mahesh Pandey was ploughing the field, an altercation took place with the accused Mithun Pandey due to accidental encroachment over the field of the accused Mithun Pandey, as a result of which, assault was committed by means of weapons like iron rod, spade and axe by the accused persons both on his brother Mahesh Pandey causing his death and also on his wife Kiran Devi (P.W.1) who sustained injuries. Mahesh Pandey died on the spot and Kiran Devi was brought to referral hospital for treatment. This incidence was narrated to him while returning from his field by his wife Sanjoti Devi (P.W.2).;