PHOOLA RAM Vs. PRAHALAD AND ORS.

JUDGEMENT

(1.) THE petitioner has preferred this revision petition against the judgment dated 14.02.1996 passed by the learned Additional Sessions Judge, Nohar Camp Court Bhadra in Criminal Appeal No. 25/1995, whereby he acquitted the respondents -accused while reversing the order dated 16.09.1995 passed by the learned Civil Judge (JD) cum Judicial Magistrate, First Class, Bhadra in Criminal Case No. 517/1992 whereby the respondents -accused were convicted and sentenced for the offences under Sections 326, 326/149, 148 and 447 IPC.

(2.) THE brief facts of the case are that a residential plot was allotted to the petitioner from Gram Panchayat Sagda on 20.05.1979 and the respondents -accused wanted to evict them from the said plot forcibly, therefore, a civil suit was also filed in which order for maintaining status quo was passed. On 17.06.1991, at about 4.00 p.m., when the petitioner -complainant reached on his plot, he saw that all the respondents -accused were trying to break the wall of the plot and when he tried to stop them, then respondent -accused Prahalad, who was having kassi in his hand, put a kassi blow on his hand due to which his index finger cut down.

(3.) BEING aggrieved of the aforesaid judgment and order dated 16.12.1995, the respondents -accused preferred appeal before the learned appellate court, which was allowed vide judgment dated 14.02.1996 and the respondents -accused were acquitted.