JUDGMENT

Mohan M. Shantanagoudar, J.—The judgment and order of acquittal passed by the II Additional CMM Court, Bangalore dated 22.1.2015 passed in C.C.No.23501/2015 is impugned in this Criminal Appeal filed by the State.

2. The accused were tried and acquitted of the offences punishable under Sections 323, 504, 326, 427 read with Section 34 of IPC. It is not in dispute that the offence punishable under Section 326 is cognizable and non-bailable. Hence, it is clear that the Court below has tried the matter involving cognizable and non-bailable offence apart from other offences and has acquitted the accused by the impugned judgment and order.

3. Section 378(1)(a) and (b) of Cr.P.C., 1973 reads thus:

“378. Appeal in case of acquittal.–[(1) Save as otherwise provided in sub- section (2), and subject to the provisions of sub-sections (3) and (5), -

(a) the District Magistrate may, in any case, direct the Public Prosecutor to present an appeal to the Court of Session from an order of acquittal passed by a Magistrate in respect of a cognizable and non-bailable offence;

(b) the State Government may, in any case, direct the Public Prosecutor to present an appeal to the High Court from an o