DHOLIYA Vs. THE STATE OF RAJASTHAN & ORS.

JUDGEMENT

(1.) THIS criminal revision petition has been filed against the order dated 22nd August, 2000 passed by Additional Sessions Judge, Bandikui, District Dausa in Criminal Appeal No. 1/99., whereby conviction of the respondents have been set aside. The short facts of the case are that petitioner lodged a written report Ex.P.6 at Police Station on 12.3.1994 stating therein that when Heera and Chhajya were working in the field, the accused respondents and other persons came there with deadly weapon started beating in which Chhajya, Kishan and Dholiya etc. have received simple and grievous injuries on which FIR has been registered. After conclusion of the Investigation, charge sheet has been filed. Present petitioner has been convicted for the offences under Sections 147, 148, 323, 324 and 326 read with 149 IPC by the trial court, but on appeal, respondents have been acquitted for the offences under Sections 147, 326 or 326 read with 149 IPC and for the other offences under Section 148, 323 and 324 IPC, benefit of probation has been extended to the respondents, hence, this revision petition.

(2.) COUNSEL for the complainant has restricted their submissions only with regard to offence under Section 326 IPC. His contention is that as the Radiologist has not been produced, offence under Section 326 IPC has not been found to be established by the Appellate Court. Inspite of fact that injured and other witnesses have stated that Kishan received grievous cut on his finger and Dr. Prakash Chand has also supported the fact of the injury, hence, the finding of the acquittal for the offence under Section 326 IPC is perverse and liable to be reversed.

(3.) HEARD learned counsel for the parties and perused the impugned judgment as well as record of the case.