LAWS(RAJ)-1990-12-19

OTAR MAL Vs. BHIKA RAM

Decided On December 10, 1990
OTAR MAL Appellant
V/S
BHIKA RAM Respondents

JUDGEMENT

(1.) THIS revision petition is directed against the order dated December 17, 1988, passed by the Munsif and Judicial Magistrate, First Class, Sumerpur, by which the learned Judicial Magistrate acquitted the respondents Bheeka Ram and Juharmal.

(2.) ACCUSED Bheeka Ram and Juharmal were tried by the learned Magistrate for offences under Sections 3/25, 27,29 and 30 of the Indian Arms Act, on the basis of the report of Chain Singh and Dheera Ram. The learned trial Court, after trial, acquitted the accused respondents on the ground that there is no reliable evidence on record, on the basis of which accused Juharmal and Bheeka Ram could be convicted. The learned lower Court, also, came to the conclusion that the sanction, as required under Section 39 of the Indian Arms Act has not been exhibited and approved. According to the learned Magistrate, as the prosecution failed to prove the offence beyond doubt against the accused respondents Bheeka Ram and Juharmal, he, therefore, by his judgment dated December 17, 1988, acquitted the accused respondents. It is against this order that the present petitioner, who was neither a complainant nor was a witness but who is a stranger, has filed this criminal revision.