RAJBEER SINGH Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) The prosecution case was that on the question of demolition of a 'Mera' between the field of the parties opposite parties Nos. 2 to 10 had beaten the complainant with fists and kicks. The Fifth Additional Munsif Magistrate, Aligarh had held that the evidence produced by the complainant established a prima facie case under Section 147, 323, 352, 504 and 506, I.P.C. Aggrieved by this order a revision was filed before the Sessions Judge by the opposite parties 2 to 10. The learned Sessions Judge allowed this revision and set aside the order of the Magistrate summoning the accused under the aforesaid sections. Aggrieved by this order of the Sessions Judge the present revision has been filed.

(2.) Notices were issued to the opposite parties Nos. 2 to 10 asking them to appear and show cause. They were also given notice; that the revision shall be heard and disposed of at the admission stage. Even though notices have been served personally on the opposite parties Nos. 2 to 1 0, none has appeared from their side.

(3.) I have gone through the impugned order of the Sessions Judge as well as of the Magistrate. The learned Sessions Judge had doubted the prosecution story on two counts: firstly: that there was no medical evidence. He stated that it was not believable that there would have been no visible injury, if 8 persons had beaten the complainant. Secondly, it was held by the learned Judge that absence of a prompt first information report also casts shadow of doubt on the prosecution story.