ORDER :

(Shree Chandrashekhar, J.) :

Raghunath Pradhan who is the informant in Gamharia PS Case No.10 of 2013 has filed this acquittal appeal against the judgment dated 15th December 2017 passed in Sessions Trial No.93 of 2013.

2. By order dated 19th March 2018 leave to appeal has been granted by a co-ordinate Bench of this Court.

3. Even otherwise, in view of proviso to section 372 of the Code of Criminal Procedure the informant being a victim of the crime can maintain the present acquittal appeal.

4. The respondent nos.2 to 4 who were convicted under sections 341/34 and 323/34 of the Indian Penal Code have been released after due admonition under section 3 of the Probation of Offenders Act, 1958. Mrs. Vani Kumari, the learned counsel for the respondent nos.2 to 4 has informed the Court that the respondents have not challenged the judgment of conviction dated 15th December 2017 passed in Sessions Trial No.93 of 2013.

5. This acquittal appeal has been filed to challenge the judgment of acquittal of the respondent nos.2 to 4 for the offence under sections 324/34 and 307/34 of the Indian Penal Code.

6. The learned Sessions Judge has discussed the prosecution evidence in the following manner:

“17. I, now analyse the testimonies of the witnesses.

The case of the prosecution as per F.I.R is that the family members of informant's elder brother namely Kamal Lochan Pradhan were fighting with each other and at that time, at about 3.30 p.m. on 13.01.2013 the wife of the informant namely Chandni Devi was watching their fighting by opening the door of her house, to which the wife of accused Kamal Lochan Pradhan objected and on 'hulla', when the informant came out of his house, he saw that the wife of accused Kamal Lochan Pradhan and wife of accused Dinesh Pradhan were assaulting his wife and when he objected it, then accused Rajkumar also assaulted his wife and accused Kamal Lochan Pradhan, Deepak Pradhan being armed with 'Balua' (Daw) started assaulting him on the head and leg due to which he sustained injuries and fell down on the earth. The informant i.e P.W.2 Raghunath Pradhan has categorically stated about the occurrence and supported the case of the prosecution regarding assault. This witness has specifically deposed in his evidence that accused Deepak and Kamal Lochan assaulted him with 'Balua' on his head and leg. In cross-examination, this witness has fully supported his version in respect of the manner of the occurrence. P.W.1 Chandni Devi is the wife of informant and she is an eye witness to the occurrence, who fully supported the manner of occurrence as stated in the F.I.R. This witness has specifically stated that accused persons assaulted her and when her husband came to rescue her, then accused Kamal Lochan Pradhan hurled 'Dawli' blow on the head of her husband and Deepak Pradhan caught hold her husband. She has further deposed that due to such assault, her husband fell down on the earth, and the right leg and three fingers of right leg of her husband become injured. P.W.3, P.W.4 & P.W.5 have not supported the case of the prosecution and they have been declared hostile by the prosecution. P.W.6 Ram Bharosa Sharma is the I.O. of this case, who establishes the investigation of this case. P.W.7 Dr. Nilay Kumar Sen, who examined the injured namely Raghunath Pradhan has proved the injury report, which has been marked as Ext.3 on behalf of prosecution, which also corroborates the case of the prosecution as well as factum of assault. P.W.8 Dr. Jayant Kumar Layak, who also examined the injured person namely Raghunath Pradhan at T.M.H. Jamshedpur has proved the injury report which has been marked as Ext.3/1. From the evidences of the prosecution witnesses and the nature of injuries as mentioned in the injury reports, I find that the doctor, who examined the injured persons has found three lacerated injury on right and left leg of the injured which were grievous in nature. P.W.7 Dr. Nilay Kumar Sen has specifically stated in his evid