SHRINATH Vs. TRILOKINATH

JUDGEMENT

(1.) THIS criminal revision under section 397 read with section 401 of the Code of Criminal Procedure has been filed against the judgment dated 9.4.1991 passed by the II Additional Sessions Judge, Rewa in Sessions Trial No. 101/90, whereby the respondents No. 1 and 2 have been acquitted from the charges under section 325/34 of Indian Penal Code.

(2.) THE admitted facts in the case are that appellant Shrinath Mishra who is now deceased as reported in Criminal Appeal No. 417/91 was the son of Trilokinath. Respondent No. 2 is also the son of respondent No. 1 Trilokinath. Sanjay Kumar Mishra, applicant No. 2 is son of Shrinath Mishra. They were residing in different portion of the old house of Trilokinath situated at village Ruhiya. The appellants also constructed a house on government land bearing khasra No. 442 before 8 -9 yeas back. They were constructing 'pagra' near this house which was objected by the respondents. On this count, they quarreled with each other and caused marpeet. Both the parties lodged the report at Police Station Churhata. The case and counter case were registered against them. Sessions Trial No. 63/89 was initiated against the applicants and Sessions Trial No. 101/ 90 was initiated against the respondents. Both cases have been disposed of by the trial Court on 9.4.1991 whereby the applicants were found guilty under section 307,307/34 of Indian Penal Code and sentenced thereunder whereas the respondents were acquitted from the charges under section 325/34 of Indian Penal Code.

(3.) THE respondents were charged under section 325 read with section 34 alleging that on 19.2.1988 at 9:00 a.m. at village Ruhiya they voluntarily caused the grievous hurt to Sanjay Kumar Mishra and Shrinath Mishra.