BALVEER SINGH Vs. BHAMA SINGH

JUDGEMENT

(1.) THE petitioner/complainant has filed this petition under Section 397/401 of the Code of Criminal Procedure, 1974 being aggrieved by a judgment dated 31st March, 2004 of the First Additional Sessions Judge, Guna (M.P.) in Sessions Trial No.173/03 acquitting the accused/respondents No. 1 to 6 of the offences punishable under Sections 148, 302, in alternative 302/149, 325 in alternative 325/149 of I.P.C.

(2.) THE brief facts for the purpose of disposal of this revision are that on 19th March, 2003 in the evening at 5 o' clock, Virendra Singh (deceased) proceeded to Guna from his residence on a motorcycle. Complainant Balveer Singh at that time was accompanying him as a pillion rider. When these two people reached at the place known as Parsa Ki Tari, it is alleged that accused Jaima s/o Lala, Dalla s/o Lala, Gansu s/o Mohan armed with farsas, Lala s/o Dewa, Kalli s/o Parsa armed with Luhangi while rest of the accused with lathis were present on the spot from before. Then, accused Jaima and Dalla having intention to kill Virendra inflicted to him farsa blows. The rest accused also assaulted and caused injuries to Virendra and Balveer Singh with luhangis and lathis. The incident was seen by witnesses Bundel Singh, Harlal, Rajendra, Pappu and Brijesh etc. On seeing the witnesses, the accused persons ran away from the spot. The report of the incident was lodged by Balveer Singh (PW-1) at police station Banjranggarh upon which Crime No.37/03 for offences punishable under sections 147,148 307 read with 149 of I.P.C. was registered. The investigation was set in motion. Both the injured were referred to the district hospital for examination and treatment of the injuries. During treatment in the district hospital, injured Virendra Singh died. On the report, a marg was registered and inquired into. Spot-map was prepared. The dead-body was sent for postmortem. The accused were arrested and from their possession weapons were recovered. The statements of the witnesses were recorded. After due investigation, charge-sheet was filed. After trial, the trial Magistrate convicted accused Dalla, Jaima, Lala, Bablu, Kalli, Ghansu, Gomad and Babu but acquitted the present respondents No. 1 to 6 of the alleged offences, hence, this petition before us.

(3.) ON the other hand, learned Public Prosecutor for the respondent No.7/State has supported the findings of the trial court.