BANWARI LAL Vs. STATE OF RAJASTHAN & ORS

JUDGEMENT

(1.) This revision petition has been filed by complainant-petitioner Banwari Lal under Section 397 r/w. Section 401 Cr.P.C. against the judgment dated 29/8/2002 passed by learned Additional Sessions Judge, Fast Track, Kishangarh Bas, District Alwar by which accused-respondents No.2 to 12 were acquitted of all the charges for offences under Sections 147, 323, 325 r/w. Section 149 IPC.

(2.) Facts leading to the filing of this revision petition are that on 16/3/1992 at about 9.10 AM complainant-petitioner Banwari Lal PW-2 lodged a typed report Exb.P.2 at Police Station Tijara, District Alwar wherein, it was alleged that today in the morning at about 8 AM his father Badluram, grand-father Lalchand and Ganpat were sitting inside their houses and were taking tea and also smocking, meanwhile 10-15 persons came towards the house of the complainant armed with various weapons. Gajraj inflicted a farsi blow on the head of Lalchand while Samay Singh, Pyarelal and Suresh started giving beating with lathis. Jaldeep inflicted a farsi blow on the head of Ganpat, Baluram S/o Ramjilal, Surja S/o Mansukh and Jagdish inflicted lathi blow on the person of Ganpat, Suraj S/o Jeetram, Suraj S/o Mansukh and Jagdish also inflicted lathi blow. Ramniwas and he, the complainant tried to intervene; on this, Naresh, Santu and Bhagya came and gave beating. They gave beating on account of the land dispute, which is pending in the court of ACM, Tijara. Mangtu, Natthu, Amar Singh, Omprakash and Heeralal rescued them. On doctors examination, the case was converted to Section 325 IPC. On receipt of above report, a case for offences under Sections 147, 148, 149, 323 and 451 IPC was registered at Police Station Tijara and investigation commenced.

(3.) After investigation, police filed challan against as many as eleven accused persons for offences u/Ss.147, 323, 325 read with Section 149 IPC for the injuries sustained by ten persons from the side of the complainant-party i.e. Lalchand, Badluram, Ramniwas, Naresh, Ganpat, Santu, Smt.Komal, Smt.Basanti, Smt.Bharpai and Smt.Chandrawati. Charge was framed against accused persons, to which they claimed to be tried. Prosecution produced as many as fifteen witnesses along with certain documents in support of its case. The accused were examined under Section 313 Cr.P.C. and they too produced certain documents in their favour. The learned trial court however after hearing of the arguments, acquitted all the accused-respondents. Hence, this revision petition.