LAXMAN Vs. STATE OF M P

JUDGEMENT

(1.) HEARD on admission. This criminal revision has been preferred under Section 397 of the Code of Criminal Procedure challenging the acquittal of respondents No.2, 4 & 5 for the charges under Sections 148, 324/149, 323/149 and respondent No.3 for the charges under Sections 148, 324, 323/149 of IPC by Third Additional Sessions Judge, Morena, in Sessions Trial No.271/96 on 27.2.2007.

(2.) THE brief facts giving rise to this revision petition are that on 16.6.1994 the complainant alongwith his brother Bharat Singh took their oxes to the well for getting them drunk water. Laxminarayan armed with Lathi, Ramnarayan Farsa, Hippi sword and Chokhesingh and Kaptan Singh armed with Lathi came there and gave beating to the complainant and his brother causing injuries. On the report, Crime No.41/94 under Sections 324, 323, 147, 148 and 149 of IPC has been registered. After due investigation, the charge -sheet was filed and respondents No.2 to 5 were charged. They denied the charges and claimed trial. After recording the evidence, the learned trial Court recorded a finding that Crime No.40/94 under Sections 307, 324, 326, 147, 148, 149 and 302 of IPC has been registered against the complainant party and respondent -Kapan has lodged the report first and thereafter complainant Laxman has lodged the report just to save them and the complainant party was aggressor. Thus, respondents No.2 to 5 have been acquitted. Being aggrieved, this revision petition has been preferred.

(3.) PERUSED the evidence.