RAJENDRA KUMAR SHARMA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) A challenge has been made by the appellant complainant in the instant criminal appeal filed under section 378(4) Cr.P.C , 1973 to the Judgment dated 21.08.2009 passed by learned Addl. Civil Judge (Jr. Division) and Judicial Magistrate, S.No. 16, Jaipur City, Jaipur (Raj.) ('the learned trial court') passed in Criminal Case Nos. 588/1996, State of Rajasthan Vs. Mahendra Kalra and Anr., whereby the accused respondent No. 2 Mahendra Kalra has been acquitted by the learned trial court from the charges levelled against him under sections 323, 341 and 435 I.P.C.

(2.) Brief facts of the case are that on 4.3.1998 complainant Rajendra Kumar Sharma (PW2) submitted a written report (Ex.P3) to the SHO, Police Station Brahmpuri, Jaipur to this effect that he resides in House No. 2499 situated in Jailal Munshi Ka Rasta. Due to his quarrel with his elder brothers he lives in his in-laws. Today on 4.3.1998 from his in-laws he came to the house of his sister situated in Kagadiwada on motorcycle. Behind him his elder brother Prem Prakash and Mahendra Kalra came on motor-cycle and after stopping him gave beating to him from fists. These persons after taking petrol from his motorcycle, burnt the said motorcycle.

(3.) On the basis of aforesaid written report (Ex.P3), an FIR No. 57/1998 (Ex.P4) was got registered for the charge under sections 341, 323 and 427 IPC.