JUDGMENT (ORAL)

Ashwani Kumar Singh, J.—Heard Mr. Parijat Saurav, learned counsel for the appellant.

2. Learned counsel for the appellant has supplied us a certified copy of the First Information Report, charge-sheet, deposition of witnesses recorded during trial and the statement recorded under Section 313 of the Cr.P.C.

3. Let the same be kept on record.

4. With consent of the learned counsel for the appellant, we have taken up this appeal for hearing on merit.

5. This appeal under proviso of Section 372 of the Code of Criminal Procedure has been filed by the appellant for setting aside the part of the judgment dated 14.12.2018 passed by the Fast Tract Court-II, Buxar in Sessions Trial No. 380 of 2006 arising out of Brahmpur P.S. Case No. 90 of 2005 registered under Sections 341, 323 and 504/34 of the Indian Penal Code whereby the Trial Court has convicted the respondent nos. 2 to 5 for a lesser offence under Section 323/34 of the Indian Penal Code in place of the charge under Section 307/34 of the Indian Penal Code and acquitted them under Sections 504 and 341 of the Indian Penal Code.

6. Mr. Parijat Saurav, learned counsel appearing for the appellant fairly submitted tha