DULMBI Vs. NAND LAL

JUDGEMENT

(1.) HEARD and gone through the record.

(2.) PRESENT Revision Pension is directed against the judgment dated 14th October, 2010 of learned Chief Judicial Magistrate, Bilaspur, whereby respondents No.1 to 3 (Nand Lal, Kesari Devi and Surjit Singh), who were tried for offences, under Sections 325, 323, 427, 504 and 506, read with Section 34 of the Indian Penal Code, have been acquitted.

(3.) TRIAL Court has acquitted the respondents, holding that the three alleged eye-witnesses have made contradictory statements and their presence on the spot, at the time of the occurrence, is doubtful. TRIAL Court has not assigned any reason for disbelieving the testimony of the injured, namely PW-1 Reeta Devi and PW-2 Dulmbi, as corroborated by the earliest version and the medical evidence. Even if it be assumed that the alleged eye- witnesses, other than the injured, were not there on the spot or that they had been procured, that by itself could not have been a ground for ignoring testimony of the injured, particularly when it is corroborated by the earliest version and the medical evidence of PW-10 Dr. S Chauhan and the documents, including medical reports and X-ray report.