PAPPU Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Present revision petition under Sec. 397 read with Sec. 401 Cr.P.C. has been preferred by the complainant petitioner (hereinafter referred as "petitioner") assailing the impugned judgment dtd. 17/11/2018 passed by the Additional Sessions Judge, Sawai Madhopur (hereinafter referred as "the Appellate Court") in Criminal Appeal No. 15/2017 whereby the Appellate Court has rejected the appeal filed by the petitioner against the impugned judgment dtd. 2/2/2017 passed by the Additional Chief Judicial Magistrate, Sawai Madhopur in Criminal Case No. 53/2012 by which the accused respondents have acquitted from the charges under Ss. 341, 323 and 451/34 IPC by extending them benefit of doubt.

(2.) Facts in brief of the case are that the petitioner lodged a report at Police Station Mantown, Sawai Madhopur alleging therein that on 5/2/2012 around at 11.30 AM the accused respondents entered into his filed forcefully and assaulted his mother and wife by fists and blows and forcefully taken thumb impression of his grand mother on certain blank papers to misuse those documents in the proceedings pending before the Civil Court.

(3.) Upon this report, Crime No. 82/2017 was registered with Police Station Mantown, Sawai Madhopur for the offences punishable under Ss. 143, 323, 341 and 452 IPC and after investigation, charge-sheet was submitted against the accused respondents for the above offences, thereafter, charges were framed against the accused respondents for the offences stated above. The accused denied all the charges and claimed trial. During the course of trial, the prosecution examined as many as 10 witnesses and exhibited six documents on the record, thereafter explanation of the accused respondents was taken under Sec. 313 Cr.P.C. wherein they denied their participation in the incident, but in defence, no evidence was produced. After appreciation of the evidence available on the record and after hearing the Counsel for both the parties, the trial Judge vide judgment dtd. 2/2/2017 acquitted the accused respondents from all the charges.