KUMBHA RAM Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Instant criminal revision petition under Sec. 397/401 Cr.P.C. has been filed by the petitioner against the judgment dtd. 12/6/2003, passed by learned Special Judge, SC/ST (Prevention of Atrocities) Cases, Bikaner, in Sessions Case No. 61/2001, whereby the learned Trial Court acquitted the accused-respondent No. 2 from the offence under Ss. 323, 341, 325 IPC and Sec. 3 (1)(x) of SC/ST Act.

(2.) Brief facts of the case are that on 19/7/2001, complainant Kumbharam submitted a written report at Police Station, Bikaner to the effect that on 13/7/2001, the son of accused-respondent No. 2 unauthorizedly entered into the filed of his brother Devaram and abused him using caste oriented words. Thereafter, again on 18/7/2001 at about 8.30 AM, accused-respondent No. 2 Kalu Singh came armed with lathi and inflicted injuries on the hand and mouth of the brother of the complainant. Upon the aforesaid report, an FIR was registered and after usual investigation, charge-sheet came to be submitted against the accused-respondent No. 2 in the Court concerned.

(3.) The learned Special Court, SC/ST Act framed charge against the accused- respondent No. 2 for offences under Ss. 323, 325, 341 IPC and Sec. 3 (1) (x) of SC/ST Act and upon denial of guilt by the accused-respondent No. 2, commenced the trial. During the course of trial, as many as five witnesses were examined. Thereafter, statement of the accused-respondent No. 2 was recorded under Sec. 313 Cr.P.C.