RAM MURAT TRIPATHI Vs. RAM SABHA TIWARI

JUDGEMENT

(1.) THIS revision has been preferred against the judgment and order dated 20.09.1989 passed by Munsif Magistrate, Khalilabad, District Basti, in case no. 523 of 1989 acquitting the accused opposite parties no. 1 to 7 for the offences punishable under Sections 247, 323 and 325 I.P.C.

(2.) BRIEF facts are that on 22.08.1984 the complainant was present with his brothers at the door of his house. At about 08:30 A.M. Ram Sabda Tiwari along with his five step brothers and Kapil Deo started digging the path way and trying to close it. Then the complainant asked him not to do so but he did not pay heed to his request and said that he would set it right. At the same time Rajendra, Adya Prasad, Ram Pragat, Ram Kalp and Ram Bodh who belong to the same village started assaulting the complainant and his brothers with laghi, bhala and knife. Raj Mani and Shiv Murat were sustained injuries by knife which were caused by Kapil Deo and Chandra Bhan was badly injured. On the hue and cry Kanahiya Pandey, Shiv Poojan and many other peoples came on the spot. The complainant filed a written report on the basis of which, the first information report was registered and after investigation, charge sheet was submitted against opposite parties no. 1 to 7. Charges were framed against the accused persons who denied it and claimed trial.

(3.) THE prosecution examined as PW -1 Shiv Poojan only and the statements of accused were recorded under Section 313 Cr.P.C. in which they stated themselves to be innocent and the trial court after perusing the evidence on record acquitted the opposite parties no. 1 to 7.