LAXMINARAIN Vs. STATE AND RAMESH

JUDGEMENT

(1.) THE complainant has preferred this revision petition assailing the judgment whereby the learned Additional Sessions Judge, Jhalawar acquitted Ramesh Chand and Gopal alias Ramgopal (respondent No. 2 & 3) of the offences under Sections 302, 323 IPC, 3/25 & 3/27 of the Arms Act.

(2.) FIR No. 189/97 was registered at Police Station Aklera (Jhalawar) on the basis of Parcha Bayan of complainant Laxminarain recorded at Purana Hospital Aklera on 22. 6. 97, according to which, at 11 O'clock in the night of 22. 6. 97 when he and his elder brother Babulal were talking about engine goods while sitting on the cart in the field of Nemichand Mehar in the village, one Babulal was hurling abuses in a state of intoxication, to which his uncle Gopal asked Babulal not to abuse in the presence of ladies living nearby whereupon scuffle ensued between Babulal. Mohan and Gopal, to which the complainant tried to intervene. Meanwhile Ramesh also rushed there and started inflicting blows with "sal" on the mouth thereby Gopal fell down. Thereafter Ramesh went back to his house but returned by taking double barrel gun in his hand and fired pointing towards the temporal region of Mohan (younger brother of the complainant), who fell down and later on succumbed to the injuries in the hospital.

(3.) HENCE, we are not prone to transgres the limits of revisional jurisdiction to reverse the impugned acquittal because we do not find any illegality or perversity in the impugned finding of fact arrived at by the trial Court in the instant case and that apart even in an appeal this Court, while exercising its appellate power should not have interfered with an acquittal merely because different view is possible. It is only in glaring cases of injustice resulting from some violation of fundamental principles of law by the trial Court that this Court is empowered to set aside the order of acquittal and direct a retrial of the acquitted accused.