JUDGMENT :

Subhash Vidyarthi, J.

1. Heard Sri Santosh Kumar Tiwari, learned Amicus Curiae, for the appellant and Shri Ratan Singh, learned A.G.A. for the respondents.

2. By means of the instant appeal under Section 372 of the Criminal Procedure Code (herein after referred to as “Cr.P.C.”) the informant-appellant has challenged the judgement and order dated 01.10.2014 passed by learned Additional Sessions Judge, Court No. 1/Special Judge, Dacoity Affected Area, Mahoba in Special Case No. 47 of 2004 (State Vs. Hari Ram Prajapati and another) arising out of Case Crime No. 196 of 2004 under Sections 387, 307/34, 452, 323/34 and 427 IPC, Police Station Kabrai, District Mahoba, whereby both the accused have been acquitted giving them the benefit of doubt.

3. Briefly stated, facts of the case are that the informant-appellant gave a report in the concerned Police Station on 11.05.2004 at 20:45 hours stating that when on the same day at about 4:00 p.m., he was coming to Kabrai from his home, the accused-respondent No. 3 (Dhirendra Singh) blocked the passage by parking his motorcycle in front of Jagdish's house, where the passage is narrow. The informant was going on his motorcycle and he stoppe