ATTAR SINGH Vs. SURENDER AND OTHERS

JUDGEMENT

(1.) This Revision Petition has been filed by Attar Singh, complainant, challenging the acquittal of accused respondents 1 to 11, in a State case under Section 307 IPC etc., vide judgment dated 22.4.1998, passed by Additional Sessions Judge, Bhiwani.

(2.) On the last date of hearing, no one had come present on behalf of the petitioner and in the interest of justice, case was adjourned for today, making it clear that if no one appears on behalf of the petitioner, the case shall be disposed of on the basis of record. Today also, no one has come present on behalf of the petitioner.

(3.) After going through the record including the trial Court record, in my opinion, there is no merit in this Revision petition and the same is liable to be dismissed. As referred to above, this Revision Petition has been filed by the complainant, challenging the acquittal of accused respondents in a State case under Section 307 IPC etc. It is well settled that this Court while exercising revisional jurisdiction is not competent to convert the acquittal of the accused into conviction. However, in case any material evidence has been ignored by the trial Court, or there is any other illegality or irregularity in the trial of the accused, this Court can order retrial. After perusing the judgment of the learned Additional Sessions Judge and going through the prosecution evidence, in my opinion, it cannot be said that the learned trial Court had committed any illegality or irregularity in appreciating the evidence led by the prosecution nor could it be said that there is any illegality or irregularity in conducting the trial of the accused respondents. In the absence thereof, in my opinion, no case for ordering the retrial of the accused respondents is made out. Furthermore, as referred to above, this Court is not competent to convert the acquittal of the accused into conviction.