ASA RAM Vs. DESRAJ AND OTHERS

JUDGEMENT

(1.) This is a complainants appeal from an order of acquittal under Sec. 417(3) of the Code of Criminal Procedure. Seven persons were committed to stand their trial under Sections 147, 148, 323, 324 and 325 read with Sec. 149, I.P.C. for having formed an unlawful assembly in the after-noon of 2nd of July, 1959 in Mauza Kareru Baksar police-station Lalkurti, district Meerut and for having in prosecution of the common object of the said unlawful assembly committed marpit with lathis and ballams on Asa Ram and his three brothers Phool Singh, Ziley Ram and Tarif Singh and thereby causing simple and grievous hurt to them.

(2.) The learned Temporary Civil and Sessions Judge, Meerut, who tried the case acquitted the accused of all the charges and held that the prosecution case was not free from doubt.

(3.) The learned counsel for the respondents raised a preliminary objection regarding the maintainability of the appeal against the acquittal of respondents 1 to 5 on the ground that the case against them had been initiated on the basis of a charge-sheet submitted by the police, and that a complaint subsequently filed by Asa Ram in respect of the same occurrence against seven persons including the above named five respondents could not have the effect of making it a case instituted upon a complaint.