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3. It is pertinent to mention here that in view of the offences alleged against the accused persons, vide order dated 08.01.2016 passed by ld. ACMM, accused Manish was discharged while it was ordered that charges under Sections 392/394/326/34 IPC are made out against accused persons Sonu and Govinda and pursuance to the same, on 12.02.2016. Thereafter, vide order dated 28.11.2019, a Charge under Sec. 174-A IPC was also made out against accused Sonu @ Monu. To the said charges, both these accused persons pleaded not guilty and claimed trial. Thereafter, while at the stage of prosecution evidence, during the evidence of injured/complainant, ld. court of Metropolitan Magistrate committed the case to the Court of Sessions.

4. Thereafter, on being committal to the present case before the Court of Sessions, vide order dated 13.03.2020 passed by the ld. predecessor, SC No. 139/2020 State Vs. Sonu etc. Page - 2 of 11 Charges under Secs. 392/394/34 IPC read with Sec. 397 IPC and 326/34 IPC were framed against accused persons Sonu and Govinda and vide same order, separate charge under Sec. 174-A IPC is also framed against accused Sonu. To the said charges, both accused persons pleaded not guilty and claimed to be tried.

18. All this clearly indicate that prosecution case is shrouded with doubts and benefit of the same must be given to the accused persons. In view of the overall discussion and material placed on record, this Court is of the view that prosecution has failed to prove its case beyond all reasonable doubts and as such, accused persons are entitled for their acquittal. Accordingly, accused persons namely Sonu and Govinda are hereby acquitted for the offence/offences punishable under Secs. 392/394/34 IPC r/w Section 397 IPC and also Sec. 326/34 SC No. 139/2020 State Vs. Sonu etc. Page - 10 of 11 IPC.

20. In view of this discussion, this Court is of the view that prosecution has also failed to prove its case beyond all reasonable doubts, the offence punishable under Sec.174A IPC against the accused Sonu, for which, he has been charged with and as such, accused Sonu is entitled for his acquittal under Sec. 174A IPC.

21. Sum up of the above discussion is as - (i) both accused persons namely Sonu and Govinda are acquitted for the offences under Secs. 392/394/34 IPC r/w Sec. 397 IPC and Sec. 326/34 IPC and (ii) accused Sonu is also acquitted for the offence punishable under Sec. 174A IPC.