AZAM ALI KHAN Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This appeal has been filed by the complainant appellant against the judgment dated 17.7.2010 passed by Special Judge (Fake Currency Cases), Jaipur City, Jaipur in Sessions Case No. 21/2008, whereby accused respondents Amjad Ali, Akbar Ali, Liyakat Ali, Mubarik Ali and Habib Ali have been acquitted from the offence under Sections 148, 323, 324, 308, 149, 452 IPC and Section 4/25 of Arms Act.

(2.) Brief facts of the case are that complainant appellant submitted a written report at Police Station, Jalupura, Jaipur stating therein that on 16.12.2007 at about 2.00 in noon, he was cleaning his motor cycle in the chowk of his house, then Amjad Ali, Akbar, Arif, Imran, Liyakat Ali, Mubarak, Habib Ali etc. came in his hoome with swords, rods and lathi es in their hands and attacked on him. His mother Shahnaj, Alam Fahmida, Nararuddin, Omji and Om Prakash Dudi escaped him. On the basis of said written report, FIR No. 210/2007 was registered by the police for the offence under Sections 143, 451, 323, 341 and 324 IPC. After completion of investigation, police filed challan against the accused respondents before the competent court for the offences under Section 147, 148, 341, 323, 324, 308, 379, 451 and 149 IPC and against accused Amjad Ali besides above offences, for the offence under Section 4/25 of Arms Act. The learned trial court framed charges against the accused respondents, who denied for the same and claimed for trial. In support of prosecution case, statement of PW-1 to PW-18 were recorded and some documents were exhibited. Thereafter the statement of accused respondents were recorded under Section 313 Cr.P.C . The learned trial court, after recording the statements and hearing the arguments of both the sides, acquitted the accused respondents from the alleged offences, as indicated here-in-above.

(3.) Against the said judgment, criminal revision was preferred by the complainant, but on the application of complainant, it has been converted into Criminal Appeal and registered as S.B. Criminal Appeal No. 272/2013.