RADHEYSHYAM Vs. KALULAL

JUDGEMENT

(1.) By way of filing present criminal revision petition under Sec. 397 read with Sec. 401 Cr.P.C. the petitioner has assailed the judgment dtd. 21/5/2004 passed by learned Additional Sessions Judge, Fast Track No.3, Jhalawar in Criminal Case No.111/2003, whereby, the learned trial court acquitted respondent Kalulal from the offences under Ss. 148, 323, 323/149, 324, 324/149, 325, 325/149, 326 and 307 I.P.C. and respondents Jagdish, Deshraj and Amarlal from the offences under Ss. 148, 323, 323/149, 324, 324/149, 325, 325/149, 326/149 & 307/149 I.P.C.

(2.) Brief facts of the case are that on 15/3/2003 at about 09:30 PM complainant Radhey Shyam alongwith his brothers Chotulal, Hemraj, Mangilal, Ramesh & Bajranglal lodged a report stating therein that on 14/3/2003 at around 07:00 PM accused Jagdish, Deshraj & Ramesh in an intoxicated condition had abused the informant and others; at about 07:00 AM when the informant and Hemraj were having Tea at Raju Kumar's Tea Stall, Jadish, Deshraj and Ramesh armed with Sword and Kalu, Balram, Amarlal, & Parmanand armed with Gandasi and Lathis came there and started beating us; Kalu inflicted injury by Gandasi on the head and Deshraj inflicted injury by Lathi on the left hand of Radhey Shyam; Ramesh inflicted injury by Sword on the head of Hemraj and accused Deshraj & Jagdish caused injuries by Lathi on the left hand; when Mangilal, Ramesh & Bajranlal came to rescue the injured, accused started beating them and caused injuries on their head, hands, legs and back. On the aforesaid report, an FIR No.56/2003 was registered and after usual investigation, chargesheet was filed against the accused respondents.

(3.) The learned Sessions Court framed charges against the accused respondents for the above offences and upon denial of guilt by them, commenced the trial. During the course of trial, the prosecution in order to prove the offences, examined as many as 20 witnesses and exhibited 35 documents. The accused, upon being confronted with the prosecution allegations, in their statements under Sec. 313 Cr.P.C., denied the allegations and claimed to be innocent. Then, after hearing learned counsel for the parties and upon meticulous appreciation of the evidence, learned trial court acquitted the accused respondent Kalulal from the offences under Ss. 148, 323, 323/149, 324, 324/149, 325, 325/149, 326 and 307 I.P.C. and respondents Jagdish, Deshraj and Amarlal from the offences under Ss. 148, 323, 323/149, 324, 324/149, 325, 325/149, 326/149 and 307/149 I.P.C. vide judgment dtd. 21/5/2004. Aggrieved by the judgment of acquittal, the petitioner preferred this revision petition before this court.