NAWAL RAM Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS criminal revision under S.397/401 of the Code of Criminal Procedure, 1973 (for short, "the Code") is directed against the judgment and order dated 5-1-2005 passed by the Additional Chief Judicial Magistrate, Nathdwara, district Rajsamand (for short, "the trial Court" hereinafter) in Criminal Regular Case No. 265/2003, by which the trial Court acquitted accused / non petitioner Nos. 2 to 4 of the offences under S.341 and S.323, IPC. Aggrieved by the judgment and order impugned, the petitioner complainant has filed the instant revision petition.

(2.) I have heard learned counsel for the petitioner and perused the judgment and order impugned.

(3.) THE accused / non petitioners made statements under S.313 of the Code and denied the occurrence. They produced DW 2 Nathu as defence witness, who has stated that the petitioner and his son Gordhan slipped and fell down from the wall and suffered injuries by a stone. He was the person who was working as mason for raising the wall. The prosecution witnesses have stated that some of the neighbourers, viz. Mangi Lal, Veni Ram, Daulat Ram, Logar Singh, Udai Lal and Shankar Lal, were present on the spot at the time of the occurrence and they rescued the petitioner. None of these persons has been produced by the prosecution. There are material contradictions in the statements of the petitioner, his son Gordhan and wife Smt. Basanti. The presence of non petitioner Bharat Kumar was not established at the place of the occurrence.