RAM JAS Vs. STATE OF HARYANA

JUDGEMENT

(1.) LAL Chand son of Basti Ram, his wife Akuri and his five sons namely Ranjit alias Jeet, Balbir, Dharam Paul, Ramji Lal and Rameshwar, the respondents herein were booked in a case FIR No. 42 dated 30.3.1988 registered at Police Station Nathusari Chopta, District Sirsa under Sections 498-A/323 IPC. They were convicted for the aforesaid offences by learned Judicial Magistrate Ist Class, Sirsa vide judgment dated 5/7.1.1991. An appeal was preferred by them which now stands allowed vide impugned judgment dated 8.4.1991 of learned Additional Sessions Judge, Sirsa.

(2.) RAM Jas the complainant FIR lodger has preferred the instant revision petition against the acquittal of the aforesaid respondents. It has been brought to my notice by learned counsel for the respondents that no appeal has been preferred against their acquittal by the State of Haryana. Mr. Brar, learned State counsel also confirms this factual position. However, there is no certificate attached with the present revision petition issued by the office of Advocate General, Haryana. The present revision petition should not have been entertained by the Registry in the absence of said certificate. This is a lapse on the part of the concerned official of the concerned branch. However, I do not take serious note of this fact at this stage as the matter is very old one.

(3.) I have heard learned counsel for both the sides. With their assistance, I have gone through the entire available record. Judgments of both the courts below have also been perused by me minutely with the assistance of learned counsel of either side. The statements of certain witnesses recorded by the trial Court have also been read before me.