RAM KARAN Vs. GANGA RAM AND ORS.

JUDGEMENT

(1.) This revision petition has been filed against the order dated 8.6.2006 passed by learned Addl. Sessions Judge No.2, Jaipur, Distt. Jaipur in cr. appeal no. 97/2004 (107/2004) by which the respondents have been acquitted and the judgment and conviction order dated 4.11.2004 passed by Addl. Chief Judl. Magistrate No.2, Jaipur was quashed and set aside.

(2.) Briefly stated facts of the case are that the complainant-petitioner has submitted a Tehrir report before the PS-Bagru and upon this report an FIR No.66/2003 was registered and investigation was started. After investigation, police filed challan against respondents for the offence under Sections 341, 323 and 325 Penal Code before the trial court. The learned trial court framed the charges against respondents for the offence under Sec. 341, 323, 325 and 325/34 IPC, to which they denied and claimed to be tried. In support of their case, prosecution examined as many as 08 witnesses and exhibited certain documents. Statement of accused were recorded under Sec. 313 Crimial P.C. The learned trial court after hearing the parties, convicted and sentenced the petitioners as above vide order dated 4.11.2004. Relevant part whereof is reproduced as under:

(3.) Against the aforesaid judgment dated 4.11.2004, the petitioner filed appeal before the Sessions Judge, Jaipur which was lateron transferred to the court of Addl. Sessions Judge No.2, Jaipur. The Appellate Court after hearing both the parties, quashed and set aside the judgment dated 4.11.2004 and acquitted the respondents from the charges leveled against them vide order dated 8.6.2006. Relevant portion of judgment of appellate court reads as under: