BHAGWATI LAL SHARMA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This revision petition under Section 397 read with Section 401 of the Code of Criminal Procedure, 1973, has been filed against the judgment and order dated 27-7-2001 passed by the Additional Chief Judicial Magistrate, Shahpura in Criminal Regular Case No. 292/1995, by which the accused/non-petitioner No. 2 has been acquitted of the offences under Sections 269, 274, 336, 467 and 420 of the Indian Penal Code.

(2.) I have heard learned counsel for the petitioner, learned Public Prosecutor for the State and the learned counsel for the accused/non-petitioner No. 2.I have also gone through the impugned judgment and perused the record.

(3.) The facts and circumstances giving rise to this criminal revision are that an FIR was lodged by the petitioner-complainant on 25-4-1995 with the Police Station, Shahpura to the effect that the wife of the petitioner fell ill and she was admitted to the Government Hospital, Shahpura. The doctor prescribed certain medicines, injections and glucose, which he purchased from Oswal Medical Store, Shahpura. The glucose bottle of expiry date was given by changing the expiry date 1/95 to 7/95. After investigation, the police filed challan before the learned trial Court. After trial, the trial Court acquitted the accused/non-petitioner No. 2 of all the aforesaid charges on the grounds that neither the original bill nor the report of the handwriting expert had been produced and the Batch number of the glucose bottle did not tally with the Batch number of the bill. Hence this revision petition.