BHANWAR LAL ALIAS BHANWRU Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THE accused-petitioners have challenged the order dated 06.10.2009, passed by the Additional Sessions Judge, Kishangarh District Ajmer, whereby the learned Judge while quashing and setting aside the conviction order dated 25.04.2009, passed by the learned Additional Chief Judicial Magistrate, Kishangarh District Ajmer, has directed the learned trial court to call the Investigating Officers and to reassess the entire evidence, even with regard to offences under Sections 324 & 326 IPC for which the accused-petitioners were already acquitted by the learned trial court.

(2.) IN brief, the facts of the case are that on 20.06.2000, Ramdhan, the complainant, gave a parcha bayan at Police Station, Arai, District Ajmer against the accused-petitioners about an incident which had occurred on the same day. According to Ramdhan, he was Sarpanch of Gram Panchayat, Akodia. He constructed five shops in village Mundoti on behalf of the Gram Panchayat.

(3.) MR. Vijayant Nirwan, the learned counsel for the accused-petitioners, has contended that the petitioners had challenged their conviction for offences under Sections 341, 323 & 325/34 IPC. Neither the complainant, nor the State had challenged the accused-petitioner's acquittal for offences under Sections 324 & 326 IPC. Therefore, the scope of the appeal was limited only to examine the legality or illegality qua the conviction for offences under Sections 341, 323 & 325/34 IPC. The said scope could not be enlarged by the appellate court to include the legality or illegality of the acquittal for offences under Sections 324 and 326 IPC. Therefore, the appellate court has committed a grave illegality in directing the learned trial court to call the Investigating Officers, to record their testimonies and to reassess the entire evidence even with regard to offences under Sections 324 & 326 IPC, for which the accused-petitioners were already acquitted. According to the learned counsel, the appellate court has overstepped its jurisdiction. In order to buttress this contention, the learned counsel has relied upon the case of The State of Andhra Pradesh Vs. Thadi Narayana [AIR 1962 SC 240]. Lastly, the learned appellate court has not assigned any reason for passing the said judgment.