KANCHAN Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) COMPLAINANT-petitioner has preferred this revision petition under Section 397 read with Section 401 Cr.P.C. against the impugned order dated 04.09.2003 passed by the Civil Judge(Jr. Division) & Judicial Magistrate, First Class, Shree Mahaveerji, whereby accused-respondent Nos.2 to 6 have been acquitted of the offence under Sections 147, 148, 323/149, 324/149 and 326/149 IPC.

(2.) BRIEF facts of the case are that on 09.11.1995, a report Ex.P2 was lodged at Police Station Shree Mahaveerji by complainant Kanchan about injuries inflicted on his person by accused Amrit Lal by 'Gandasa' and other injuries by other accused persons by 'Lathi' i.e. blunt object. After completion of investigation, a charge-sheet was filed against accused-respondent Nos.2 to 6. The trial Court framed charges against accused-respondents, who denied the same and claimed trial. The prosecution, in support of its case, examined PW1 to PW10 and produced documentary evidence Ex.P1 to Ex.P8. Thereafter, statements of accused persons were recorded under Section 313 Cr.P.C. In defence, statements of DW1 and DW2 were recorded.

(3.) I have examined the statements of PW2, PW4 and PW6 and I am satisfied that the trial Court has correctly come to a conclusion that delay in lodging FIR has not been explained satisfactorily. It is also correct that PW4 Gyarsya, who was examined as eye-witness, was declared hostile in the case, another eye-witness PW6 Chhuttan was not named in the FIR, incident took place in the morning and in the day light, but no independent witness has corroborated the prosecution story, no weapon was recovered at the instance of any of the accused persons during investigation of the case.