KISHAN Vs. STATE OF HARYANA

JUDGEMENT

(1.) THIS is criminal revision filed by Kishan son of Sultan petitioner against the order of acquittal dated 2.3.1996 passed by Judicial Magistrate I Class, Nuh whereby he acquitted Dharmender, Surender and Om Parkash accused in case FIR No. 18 dated 28.1.1994 under Section 429 Indian Penal Code.

(2.) FACTS which have given rise to this criminal revision briefly stated are as follows : On 27.1.1994, Dharmender alias Dharmi son of Raj Singh, Om Parkash son of Chhelu and Surender son of Randhir brought one bull from their fields. They tied that bull in the open plot of Niju Chowkidar with a neem tree. Thereafter, they rained lathi blows on the bull. A rope was also put around the neck of the bull. The bull fell down after receipt of lathi blows and died due to asphyxia. They dug a pit near the school building and burned that bull in that pit. Kishan made statement to the police which was recorded it the daily diary. Investigating Officer came to the spot. He took out bull from the pit. Autopsy was conducted on the bull by veterinary surgeon. According to Veterinary surgeon there were injuries on the dead body caused by blunt weapon and sharp objects. There was also mark of strangulation on the neck of the bull.

(3.) THE State of Haryana did not choose to prefer any appeal against this order of acquittal. However, Kishan first informant has chosen to assail that order of acquittal through this criminal revision.