Nand Lal s/o Shri Kawal Sai Goud Aged about 45 years, R/o viUage Tengni, PoUce Station Pataa, District Korea (CG) Nilkauth Singh s/o Am.arsai, aged about 32 years, R/o vfflage Tengni Police Station Patna, District Korea (CG) Shivbhajan @ Pappu s/o Lalsai aged about 22 years, R/o vfflage Saradi, PoUce Station Charcha, Distriet Korea (CG) State of Chhattisgarh Through Station House OfBcer, Police Station Patna, District Korea (CG) 378 OF CRIMINAL PROCEDURE CODE, 1973 Shri AuU Gulati, counsel for the applicant. Shri S.R.J. Jaiswal, Panel Lawyer for fhe State. Hoa'ble Shri T.P. Sharma 65 Hoa'ble Shri R.L.Jhauwar,Jj (28.2.2011) By this petition filed under proviso to Section 372 read with Section 378 of fhe Code of Cnmiaal Procedure, present applicaat/victiin has challenged titie conviction and sentence of respondents No. 1 and 2 under Section 323 read wifh Section. 34 of IPC vide judgment dated 25.11.-2010, passed by fhe 18t '.y^ ~\ Y ^ .^! ff &i^ !? <^ Additional Sessions Jiidge, Mauendragarh at Baikuaftipur, District Korea (CG) ia ST No. 17/2010, whereby wliile acquittinE respondents No. 1 and 2 of Uie charge iinder Sections 307/34, 294/34 aiid 506-B/34 of fhc IPC, Court below has couvicted aad sentenced respondents No. 1 aad 2 under Section 323/34 of fhe IPC. In light of proviso to Section 372 Cr.P.C. graat of Leave against the judginent ofacquittal is luuiecessaiy. As per arguiaents advaaced by leamed counsel for the applicaiit and judguient impugned, one lacerated woimd of 1 */2 x '/2" was found over right frontal region of the appUcaat along wiffa ofh.er abrasions and bruises. Consideriag fhe nature of iajuiy, weapon used and tlie act attributed to rcspondents No. 1 and 2, Court below lias held fhat prosecution Iias not proved charges for fhe offences punishable imder Sections 307/34, 294/34 aad 506-B/34 of fhe IPC agaiast respondents No. 1 aad 2 and tliereby acquitted fheni of the aforesaid charges. Learaed counsel for fhe applicant submits that ia case of convictioa under Section 307 of fhe IPC, intention or kaowledge of accused is relevant aud not the nature of injury actuatly caused to the victun. He placed reliaace on the decision of fhe Apex Court rendered tti fhe luatter of , iu which fhe Apex Court has held fh.at ia case of iajuiy caused by latiii and farsa an.d 2 injuries alon.; with other iujuries over the head iateation was to couunit inurder, tberefore, nature ofuijury- actually caused to victim is not relevant. As perjudgment impugned, respondents have used fuU force by usiug one behanga, a heavy wooden club used for canyui^ paddy, over the head of the coinplaiuaat, which was broken but fb.e size of iujuiy was lacerated wound of 1 '/2 x W. These facts are contradictoxy to each ofber and are sufficient to suffice the iatention and knowledge of respondents No. 1 aad 2 for coirmutting ftie offeace piinishable under Section 307 of the IPC. After appreciatmg the evidence available on record, fhe leamed ...^" ,.^-;- '%:<.. '•f A.S.J. has not coiiiinitted aay fllegalily iu acquitting respoadents No. l aiid 2 of the chai-ge under Sections 307/34, 294/34 aad 506-B/34 of fhe IPC. Consequenfly, we do not fiiid any scope ia fhe Cr.M.P. as well as Acquittal Appeal. The sam.e is liable to be disuiissed aad it is hereby dismissed. ___ Sd/- T.P. Sharma Judge Sdf- R.L. Jhanwar Judge %v^r^