BALWANT SINGH Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) THE respondents no. 2 to 8 were charged by the trial court for the offences punishable under Sections 147, 323, 324, 504 and 506 of IPC. Earlier, on the basis of an application u/S 156(3) Cr.P.C. by the complainant, criminal law was set into motion. After the investigation, a final report was submitted against the accused persons. Complainant filed a Protest Petition, which was allowed. The final report was dismissed. Cognizance was taken, and as has been stated earlier, the accused persons were charged for the offences indicated herein above. One of the accused, namely, Harpal Singh died and rest of the accused persons faced the trial.

(2.) WHEN the trial began and the prosecution opened it's case, charge for the offences punishable under Sections 147, 323, 324, 504 and 506 of IPC were framed against the accused persons, who pleaded not guilty and claimed trial. PW 1 Balwant Singh, PW 2 Jaipal Singh, PW 3 Dujendra alias Pelu, PW 4 Hukam Singh and PW5 Rajendra Singh were examined on behalf of the prosecution. The statements of the accused persons were under Section 313 Cr.P.C. were taken, in which they denied the prosecution story. No evidence was given in defence.

(3.) AFTER considering the evidence on record, the trial court did not believe the prosecution story to the hilt and as a consequence thereof, the accused persons were exonerated of the charges leveled against them vide judgment and order dated 31.08.2009. Aggrieved against the same, present criminal revision has been preferred by the complainant -revisionist.