MAHESH KUMAR Vs. STATE OF RAJASTHAN AND OTHERS

JUDGEMENT

(1.) The petitioner has preferred this revision petition against the judgment dated 12.02.1997 passed by the learned Sessions Judge, Merta in Criminal Revision Petition No.34/1995, whereby the revision petition filed by the respondents Nos.2 to 7 was allowed and they were discharged from the offences while reversing the order dated 22.09.1995 passed by the learned Civil Judge (JD) cum Judicial Magistrate, First Class, Kuchaman City in Criminal Misc. Case No.499/1992 whereby charges were framed against them for the offences under Sections 147, 452, 323 and 149 IPC.

(2.) The brief facts of the case are that on 04.08.1989, the petitioner filed a complaint against the respondents Nos.2 to 7 in the court below alleging therein that on 01.08.1989, at about 7-7.30 p.m., all the respondents-accused having lathis in their hands, with common intention to cause grievous hurt to him, entered in his shop and after closing the door of the shop, abused him and started inflicting lathi blows. On hearing his hue and cry, Sitaram and Hari Prasad, having their shops opposite to the shop of the petitioner, reached there and intervened in the matter. As per the complaint, he received injuries on the right side of the chest, knees and elbows. He went to lodge the FIR but the same was not registered. Thereafter, the petitioner examined himself at hospital at Kuchaman and got injury report and thereafter, the complaint was filed. The learned court below, after recording the statement of the petitioner under Sections 200 and 202 Cr.P.C., summoned the respondents-accused and after recording pre-charge evidence of the petitioner as PW-1, Hari Prasad (PW-2) and Sitaram (PW-3), framed charges against the respondents-accused for the offences punishable under Sections 147, 452, 323 and 149 IPC vide order dated 22.09.1995.

(3.) Being aggrieved of the aforesaid order dated 22.09.1995, the respondents-accused preferred revision petition before the learned court below, which was allowed vide order dated 12.02.1997 and the respondents-accused were discharged.