MUNSHI LAL Vs. STATE OF HARYANA AND OTHERS

JUDGEMENT

(1.) The present revision petition has been filed to challenge the judgment of acquittal dated 20.1.2006 passed by Judicial Magistrate Ist Class, Ambala Cantt, whereby, respondents No.1 and 2 have been acquitted of the charge.

(2.) Briefly the facts of prosecution story are that an FIR was registered on the basis of complaint dated 3.6.2005 made by Munshi Lal by stating that he was an employee of Telephone Department in Kalka. On 16.5.2005, he started from his home at 7.05 am on bicycle for his duty and when he reached at village Himatpura, two persons, who were wearing helmet and had muffled their faces, came behind him on a scooter. The pillion rider threw acid on his face, on which, he fell down from his bicycle.

(3.) It was stated by the complainant in the complaint that he could not recognize/identify those persons. It was also stated that they were driving Scooter make LML Veshpa but he could not see the number of the scooter. It was further stated in the complaint that two months prior to the date of occurrence, respondents had some dispute with one Binder Singh, who is friend of petitioner. Respondents were having grudge against the complainant as he sided with Binder. It was also mentioned in the complainant that both the accused told some third person that complainant was to be finished. It was stated to the complainant-petitioner that Radhey Sham and Surjit Singh were behind the incident of 16.5.2005 and had thrown acid on him, due to which his face got disfigured and he lost his eyes. On the basis of complaint made by the petitioner, an FIR was registered against respondents No.2 and 3 and they were arrested on 13.6.2005.