ABDUL HALIM Vs. STATE

JUDGEMENT

(1.) AGGRIEVED by an order of acquittal the complainant has come to this Court in revision. 1-a. At about 10. 30 P. M. on 22nd March, 1962 Sri G. K. Saxena, the station officer, Kotwali, Allahabad, received a message on the telephone that in mohalla Dandipur in the city of Allahabad, two parties were seriously fighting and exchanging brickbats etc. Sri G. K. Saxena thereupon collected a police force and rushed to the spot. He made an entry in the general diary to this effect, a copy whereof is Ex. C-1. On return Sri Saxena made another report in the general diary, a copy whereof is Ex. C 2. In this report he stated that he found the parties rioting and that he arrested some persons of either party, under Section 151 of the Code of Criminal Procedure and that after investigation a proper report under Section 107/117 Cr. P. C. shall be filed against both parties. In this report Sri Saxena also stated the facts which he had come to know as to the cause of this occurrence between the parties.

(2.) SOON after the arrested persons were released on bail. Both parties filed complaints against each other for noting and causing hurt. Sri Moinuddin conducted the further investigation of the occurrence and ultimately both the parties were challaned under Section 147 and 323/149 I. P. C. The Magistrate acquitted the present complainant's party and convicted the accused-opposite parties under the aforesaid sections and sentenced each of them to six months' R. I. On appeal, the conviction and sentences passed on the accused-opposite parties were set aside and they were acquitted. This led to the complainant filing the present revision in this Court.

(3.) THE only point pressed on behalf of the complainant is that the report Ex. C2 made by Sri Saxena was inadmissible in evidence and the learned Sessions Judge having relied upon it in support of his conclusion, his judgment is vitiated.