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