RAMDAS Vs. RAM KUMAR

JUDGEMENT

(1.) BEING aggrieved with the judgment of acquittal dated 27th of November 2002, passed in ST. No. 279/2002 by the v. Additional Sessions Judge, Bilaspur (C.G.), the complainant (P.W. 1) has filed this Criminal Revision.

(2.) RESPONDENTS 1 to 6 were charged with the offences punishable under Sections 147 and 302/149 IPC for commission of murder of deceased Kartikram Satnami on 15.01.2002 at about 5:00 p.m. It was alleged that on the said date and time, the RESPONDENTS/accused persons participated in rioting, formed unlawful assembly and in furtherance of the common object of the said assembly, committed murder of the deceased. According to the prosecution, the incident was witnessed by five eye-witnesses namely Ramdas (P.W. 1), Ramfal (P.W. 2), Shyamkali (P.W. 4), Narayan Prasad (P.W. 5) and Ramvilas (P.W. 6). The First Information Report (Ex.-P/1) was lodged by Ramdas (P.W. 1). It contains the names of the RESPONDENTS/ accused persons. It further contains that the RESPONDENTS/accused persons had assaulted the deceased with lathi/danda.

(3.) AT the trial, all the above eye-witnesses namely Ramdas (P.W. 1), Ramfal (P.W. 2), Shyamkali (P.W. 4), Narayan Prasad (P.W. 5) and Ramvilas (P.W. 6) supported the case of the prosecution. They deposed that they saw the Respondents/accused persons assaulting the deceased Kartikram Satnami.