In an appeal against acquittal, the appellate court should not interfere with the trial court's decision if it is a legally plausible view based on a comprehensive appreciation of the evidence, unless the judgment suffers from patent illegality, perversity, or error of law.

NAFR

(Cause Title Taken From CIS System)

Hon’ble Smt. Justice Rajani Dubey, J.

Hon’ble Shri Justice Radhakishan Agrawal, J.

C A V Judgment

Per, Rajani Dubey, J.

1. The present appeal has been preferred by the appellant/complainant against the judgment dated 31.08.2016 passed by learned First Additional Additional Sessions Judge, Balod, District- Balod (C.G.) in Sessions Trial No. 03/2013, whereby the learned trial Court acquitted the respondents No. 2 and 3/accused of offence under Section 307/34 of IPC.

2. The brief facts of the case are that on 10.01.2007, a complaint case was filed by the appellant/complainant- Laxman Lalwani against the accused persons/respondent Nos. 2 and 3 alleging that on 13.07.2005, accused/respondent No. 2- Ashok Kumar Jasuja had asked the appellant /complainant- Laxman Lalwani to accompany him for having dinner at Balod Gehan hotel (dhaba) and they proceeded towards the hotel (dhaba) in a Maruti Zen car owned by respondent No.2. It is alleged that on the way accused/respondent No. 3 Rajkumari Tolani also accompanied them. Further case of the appellant/complainant is that he had his meals at Balod Gehan hotel (dhaba) along with respondent Nos. 2 and 3 and in an isolated place near Jagtara temple, respondent No. 2 requested the appellant/complainant to stop the vehicle saying that he had to ease himself and when they got down for the same, in the meanwhile respondent No. 2 started assaulting him repeatedly with sharp edged weapon on his head from backside, then the appellant/complainant asked him as to why he was assaulting him, but he kept on doing so and several injuries were caused to him as a result of which he fell down and became unconscious. It is further alleged that after about 14-15 days of the incident at Ram Krishna Surgical Hospital, Raipur, the appellant regained consciousness, but on account of the grievous injuries sustained by him, he lost his memory and was under treatment for about five months. During this period, he regained his memory and came to know that in the incident, he sustained several injuries and there were 50 stitches on his head, his right ear was half amputated. The appellant/complainant has also stated in the incident, his eardrum was also damaged and likewise, on account of injury on his right eye, it turned blackish. It is alleged that on recovery and after regaining his memory, the appellant came to know about the fact that initially he was hospitalized in the Christian Hospital, Dhamtari by respondent No. 2 himself who tried to fabricate the incident as an accident and lodged the report. The appellant/complainant had further stated that he never met with an accident as shown by respondent No.2 and in fact respondent No.2 had assaulted him with an intention to cause his death and accused/respondent No. 3 was also one of those involved in the conspiracy. It has also been alleged that after partial recovery, on 23.04.2006 and 24.04.2006, the complaint was made by the appellant/complainant to the higher officers and to the Home Ministry. The appellant/complainant came to know that after the said incident, the accused/Respondent No. 2 brought the complainant Laxman Lalwani in his car to the Purur forest barrier and from there, Tejram Sahu brought the complainant to Dhamtari. The complainant had also came to know that respondent No. 2/accused left him in a dying state in his own car and went to