BHAGWAN Vs. RAKESH

JUDGEMENT

(1.) Bhagwana has preferred the present revision petition against the orders of JMIC, Jhajjar dated November, 14, 1985, vide - which Rakesh and others (respondents herein) were acquitted of the charges.

(2.) The respondents were tried in respect to a case FIR No. 20 of Police Station Salhawas on the allegations that on February 2,1983, Smt. Laxmi went to her plot for preparing cow dung cakes. There she exchanged hot words with Smt. Birma. Thenoise attracted Sahi Ram, Rakesh and Raj Singh. Out of them Raj Singh was carrying a Lathi while the others were carrying pharsas. Bhagwana and P.W. Kaptan also reached the spot on hearing the noise. Rakesh inflicted Pharsa blow on the head of Kaptan and he fell on the ground. He inflicted some further blows with Pharsa and blunt side Of the Pharsa was also used for causing injuries to the witnesses. Raj Singh also gave Lathi blows to the witnesses. The commotion caused by the occurrence attracted Bela and Jai Lal to the soprano they rescued the injured and the complainant. Bhagwana and Kaptan were taken to PHC. Khakla by P.W. Bela where they were medically examined. ASI Ram Pal having received an information about the occurrence went to the house of Bhagwana and recorded his statement Ex. P.A and on that basis formal FIR. was registered and the case was investigated.

(3.) The prosecution relied upon the testimony of Bhagwana, Kaptan, Jai Lal and Bela Ram and Laxmi Devi as witnesses to the occurrence. The Medical Officer and the ASI were also examined. The respondents in their statements denied the prosecution case and also led defence. The learned Magistrate did not fact satisfied with the credibility of the witnesses and after assessing the evidence reached a conclusion that they could not be relied upon. He was also impressed by the fact that there was an unexplained delay in lodging of the FIR. All the witnesses were also found to be interested and inimical to the respondents. A version had also been given by Rakesh-respondent to the Police that he also had injuries on his person.