MALKIAT KAUR Vs. JARNAIL SINGH

JUDGEMENT

(1.) REVISIONIST petitioner has invoked the revisional jurisdcition assailing judgment dated 04.10.2005 passed by learned Additional Sessions Judge, Barnala, whereby the accused-respondent Nos. 1 to 6 were acquitted of the charges.

(2.) THE facts necessary for the disposal of the present petition are that on 14.09.1997, all the accused-respondents came to the plot belonging to the Village Panchayat and started erecting a wall over there to which the complainant " revisionist objected it. On account of this, the accused-respondents caused injuries to the complainant and on her raising hue and cry, all the accused-respondents ran away from the spot with their respective weapons. THE revisionist-complainant was taken to the Hospital.

(3.) THE prosecution in support of its case, examined as many as five witnesses and closed the evidence. THEreafter, statements of the accused under Section 313 Cr.P.C. were recorded, wherein they have denied all the allegations levelled against them. THE learned Trial Court after appreciating the evidence available on the record, convicted respondent Nos. 1 to 6 for the offences punishable under Sections 323/326/148/149 of the Indian Penal Code and sentenced to undergo rigorous imprisonment for three months under Section 148 IPC; RI for nine months under Section 326 IPC; RI for two months under Section 323/149 IPC. Not satisfied with the aforesaid judgment, the accused-respondents preferred an appeal which was allowed and the judgment passed by the learned Trial Court was set aside and the accused-respondents were acquitted of the charges.