LEELA KISHAN Vs. LAXMINARAYAN

JUDGEMENT

(1.) THIS revision is at the behest of the complainant Leela Kishan, who was one of the injured persons, against the order of acquittal of 8 accused persons in Sessions Trial No. 11/85 vide Judgment and order dated 31.1.92 passed by First Addl. Sessions Judge. Sehore.

(2.) THE background of the incident is the petty one. According to the prosecution, at about 4 p.m. on 12.8.84 in village Ratikheda, the accused Mohan Prasad and Thakur Prasad in the field of PW 14 Bhagwan Singh and PW 2 Ramdayal (complainant) got their cattle grazing and on being objected to by Bhagwan Singh (PW 14) for not getting their cattle grazing in the field the accused Thakur Prasad told him that the cattle will graze in the field and it led to taking the cattle to the cattle pound. At this, the accused Mohan Prasad rushed to his house whereupon the accused Laxminarayan, Thakur Prasad, Jagdishprasad, Munnalal, Dashrathprasad, Mohanprasad, Raghuveer Prasad, Ramprasad and Dwarkaprasad armed with tangiya, axe, pharsi, ballam, pharsi, pharsi, lathi, ballam and pharsi respectively, reached there and started abusing in filthy language. Ram Prasad asked for killing the complainant party. At this, the incident started. Two cases were registered. One on the basis of the report made by the complainant in the present case and the other, on the basis of the report lodged by the accused persons. Both the cases resulted in acquittal. Against the order of acquittal, the accused persons did not come to this Court by way of a revision but the complainant has come to this Court against the order of acquittal.

(3.) LEARNED counsel for the applicant submitted that the learned trial Court failed to arrive at a correct conclusion, and as such, the order of acquittal suffers from the infirmity.