DHARMENDRA KUMAR Vs. ATMA RAM AND OTHERS

JUDGEMENT

(1.) None turns up on behalf of the revisionist, however, it is admitted for hearing and heard today itself.

(2.) By way of this criminal revision, the judgment and order of acquittal dated 08.10.2004 passed by second Additional Civil Judge (Junior Division)/ Judicial Magistrate, Roorkee has been assailed. The said judgment was rendered in Criminal Case No. 860 of 2003 titled as "State Vs. Atma Ram and four others". The accused persons were tried for the offence under section 147, 323, 504, 506, 427 IPC pertaining to police station Laksar. The FIR was lodged by revisionist Dharmendra Kumar against opposite parties as well as two others, namely, Daya Chand and Mustaq. Daya Chand and Mustaq died during the trial so the case was abated against them. After investigation, chargesheet was submitted and the charge was levelled against the five accused persons. Prosecution was asked to adduce evidence. PW1 Kalu as well as other three witnesses of fact did not support the incident. Only the revisionist Dharmendra, who lodged the FIR, supported the incident in his chief examination but the lower court has opined that civil litigation between Dharmendra Kumar and opposite parties was pending, hence, lodging of FIR may be probably, on account of enmity against the opposite parties.

(3.) The trial court did not find the prosecution case proved beyond reasonable doubt because Dharmendra Kumar himself had admitted that he was indulged in various litigations against the accused persons.