KAMLA Vs. BADRI PRASAD

JUDGEMENT

(1.) BY THE COURT: These two revision petitions have been preferred by Smt. Kamla Devi w/o Sunil Kumar against the judgment dated 30.7.2009 passed by the learned Addl. Sessions Judge, Sangaria in Sessions Case No. 24/2005 by which all the accused have been acquitted who were charged for committing offences punishable under Sections 147, 148, 447, 302, 307 and 325 IPC and in alternative, Section 325 read with Section 149 and 323, IPC. The petitioner is wife of deceased.

(2.) THE D.B.Cr. Revision Petition No. 27/2010 was preferred on 5.10.2010 wherein the petitioner has challenged acquittal of only three accused, Badri Prasad, Ajay Pal and Angad Kumar and the coordinate Bench of this Court vide Order dated 20.10.2010 observed that whether the revision confined to only three accused and leaving three accused is maintainable when six accused were tried together for all the offences in one criminal trial and on the basis of common evidence, all have been acquitted. THErefore, it appears that second revision being D.B. Criminal Revision Petition No.6877/09(Dr(J)) has been preferred to over come the difficulty which may have come in the way of the petitioner in view of the order dated 20.10.2010. However, since the petitioner has already preferred revisions both in time, therefore, without entering into that controversy whether the first revision seeking reversal of the judgment for three of the accused out of six is maintainable or not, we heard both the petitions on merit of the revision petitions.

(3.) IN the light of all evidence which has been considered by the trial court, when the trial court examined the motive, then found that the prosecution failed to prove the motive also which indicates towards innocence of the accused. We may observe that because of not proving the motive alone, there could not have been acquittal of the accused but the trial court has not acquitted the accused only because of not proving the motive by the prosecution.