HARIMAN Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS revision petition has been filed by the petitioner Hariman, against the order dated January 24, 2002 of Additional Sessions Judge (Fast Track) Gangapur City in Sessions Case No. 88 of 2001 whereby accused respondent Nemi Lal @ Nemichand was acquitted form offence under Sections 397, 394, 325, 324/34 and 323/34 1PC. And Section 145 of Indian Railways Act, 1989 and accused -respondent Lohare Lal was acquitted from the offence under Sections 397, 394, 325, 324/34 and 323/34 IPC and Section 145 of the Indian Railways Act, 1989.,

(2.) BRIEF facts of the case are that complainant petitioner Hariman got his parcha bayan (Ex.P/1) recorded in the Hospital at Gangapur where he was undergoing treatment. In the said parcha bayan it was, inter alia stated that on Feb. 8, 2001 at about 1.30 p.m. the informant had come from Gangapur City after selling milk. As soon as he alighted from the train at the Railway Platform of village Khandeep, accused -respondents Nemi Lal and Lohare Lal surrounded him and initiated an assault on his person with an axe and a lathi. First of all accused Lohare Lal dealt an axe blow on his head, thereafter accused Nemi Lal gave a lathi blow on his thigh. Then another blow with axe was given by accused Lohare on his right elbow. Subsequently a lathi blow was given on the teeth by Nemi Chand. On hearing cries, Rekha Ram, Ram Kishore, Ram Avtar came to the spot, who saved the informant. At the time of leaving the accused -respondents took away Rs. 2150/ - from the pocket of the informant. On the basis of the above mentioned parcha bayan formal F.I.R. No. 22 of 2001 was registered at Police Station GRP Gangapur City for offences punishable under Sections 145 Indian Railways Act and Sections 323 and 379 IPC. During investigation statements of various witnesses were recorded under Section 161 Cr.P.C. The site was inspected, where the incident had taken place and a site plan was prepared. Injury report as also X -ray report of injured Hariman was obtained. The accused respondents were arrested and recovery of weapons were effected at their instance. Blood stained clothes were also seized. After doing the needful, the investigating agency filed charge -sheet for offences punishable under Sections 323, 324, 325, 394, 397 IPC and Section 145 Indian Railways Act, 1989. After hearing arguments charges were framed against accused -respondents. Nemi Lal accused was charged for offences under Sections 397, 394, 325, 324/34 and 323/34 IPC and Section 145 Indian Railways Act. Accused Lohare Lal was charged for the offences under Sections 397, 394, 325, 324/34 and 323/34 IPC and Section 145 Indian Railways Act. The accused denied the charges and claimed to be tried. During course of trial the prosecution examined 15 witnesses and got 21 documents exhibited. In defence one witnesses was examined and one document got exhibited. After hearing arguments the trial Court vide judgment dated January 24, 2002 acquitted both the accused -respondents of all the charges. Against this judgment of acquittal the complainant filed this revision petition.

(3.) THE learned Counsel for the accused non -petitioners and the learned Public Prosecutor on the other hand opposed the submissions of learned Counsel for the petitioner and stated that the Court below after considering all the evidence, documents and record passed the order of acquittal. There is no illegality or infirmity in the order passed by the Court below.