MANGAL SINGH Vs. STATE OF RAJASTHAN AND ANOTHER

JUDGEMENT

(1.) Complainant petitioner has filed his revision petition against the judgment and order dated 6.9.2002 passed by the learned Addl. Chief Judicial Magistrate No. 1, Alwar in Criminal Case No. 185/1997 whereby the accused non petitioner No. 2 has been acquitted by giving benefit of doubt for the offences under Sections 323 and 341 IPC.

(2.) On 6.4.1997, the complainant Mangal Singh lodged a written report at police station M.I.A. Alwar (Ex.P3) wherein it was alleged that on 6.4.1997 he was returning from his agricultural farm and when he reached Delhi Road, one person stopped him and told him that he has been called by police. He started beating and abused him. It was also alleged that Pissu and Jagan sons of Harnath were also accompanied with him 6-7 other persons were also there, they snatched Rs. 895.00 from his pocket. On the basis of this information, police registered a case under sections 323, 341 and 379 Penal Code and started investigation. After completion of investigation, the police filed challan against accused non petitioner No. 2 for the offences under sections 323 and 341 Penal Code only. During trial, the prosecution examined PW-1 Satish, PW-2 Mahaveer Prasad, PW3 Mengel Singh, PW4 Raghuveer Singh, PW5 PW6 Ratan Singh, PW7 Dr. Amar Singh and PW8 Bhagwandas and produced documentary evidence Ex.P. 1-4. Thereafter the statement of accused was recorded under section 313 Crimial P.C. The accused denied the charges and stated that no incident took place and due to political rivalry, a false case has been registered against him. In defence DW1 Jagan was examined. Ex.D-1-2, the statements of Narain Singh and Chunnilal recorded under section 161 Crimial P.C. were also produced.

(3.) After hearing both the parties, the learned trial court vide is impugned judgment and order came to the conclusion that prosecution has failed to prove the case against accused beyond reasonable doubt and consequently acquitted the accused non petitioner No. 2 from the charges levelled against him by giving benefit of doubt.