HARIS FAIZANULLAH KHAN Vs. UNION OF INDIA

JUDGEMENT

(1.) The present criminal revision petition has been filed by the petitioner, who is the de-facto complainant in the case. He is aggrieved by the order of acquittal dtd. 31/7/2013 recorded by the Judicial Magistrate (Sub-Judge) Ist Class, Ram Nagar ( for brevity 'learned Court below') by which the respondents herein have been acquitted of the charge under Ss. 341 and 323 RPC.

(2.) The brief facts of the case are as follows:-

(3.) The respondent-Jagdish Singh was allegedly holding a Daraat (sickle, a sharp edged weapon) and allegedly assaulted the injured-Sudesh Singh with the said weapon, causing minor injuries to his three fingers on the right hand and injury on his right knee. The accused-Vijay Kumar is stated to have assaulted the complainant with kicks and blows. Upon his shouting for help, his wife Pooja Devi and one Jashi came to the scene of occurrence who are stated to have saved him. The complainantSudesh Singh's MLC reflects that he has received four injuries out of which injuries 1, 2 and 4 are abrasions and injury No. 3 which relates to the injuries on his 3 fingers are recorded by the Doctor as lacerated injuries caused by a hard and blunt object. The complainant-Sudesh Singh is also a witness to the seizure memo along with PW Sukhdev Singh. The two independent witnesses, Rajesh Singh and Jashi, who were eye witnesses to the incident along with the complainant have not been produced before the trial Court to be examined as prosecution witnesses.