Judgment · High Court

HON'BLE MR. JUSTICE K.S. RATHORE Mr. R.K. Daga for the complainant-petitioner. Mr. B.S. Chhaba, Public Prosecutor for the State. **** The instant criminal revision petition under Section 397 read with Section 401 Cr.P.C. is directed against the judgment dated 03.08.2007 passed by the Additional Sessions Judge (Fast Track) No.1, Jaipur District, Jaipur in Sessions Case No. 38/2007, whereby accused-respondent Nos. 2 to 8 have been acquitted from the charges under Sections 147, 447/149 and 436/149 IPC. Brief facts giving rise to the present revision petition are that on 28.02.2005 complainant-petitioner Kishan Lal lodged a written report at Police Station Bagru regarding the incident took place. The police, after investigation, submitted the final report before the Court below on 20.04.2005. The petitioner filed a protest petition which was accepted and cognizance was taken against the accused- respondents by the Court below on 27.07.2006 for the offences under Section 147, 149, 447 and 437 [2] IPC. Thereafter charges for the offences under Section 147, 447/149 and 436/149 IPC were framed against the accused-respondents which they denied and claimed trial.

After conclusion of the trial, the Additional Sessions Judge (Fast Track) No.1, Jaipur District Jaipur acquitted the accused- respondents from the charges under Sections 147, 447/149 and 436/149 IPC vide impugned judgment dated 03.08.2007, against which the instant criminal revision petition has been preferred by the complainant-petitioner. I have heard rival submissions of the respective parties and carefully gone through the relevant record as also the impugned judgment dated 03.08.2007 passed by the Court below. The Court below vide its impugned judgment dated 03.08.2007, has observed that the prosecution as well as the complainant utterly failed to prove the incident and no burnt article was recovered to corroborate the story of the prosecution. It was also observed that there is civil dispute pending between the parties and, therefore, looking to the facts and circumstances of the case and on the basis of the statements of the witnesses and as per the material available on record, since the prosecution as well as the complainant utterly failed to prove the guilt against the accused-respondents beyond doubt, [3] therefore, they have been acquitted from the charges under Sections 147, 447/149 and 436/149 IPC vide impugned judgment dated 03.08.2007.

Upon careful perusal of the record of the case as well as the impugned judgment, this Court do not find any illegality or error apparent on the face of the record in the impugned judgment dated 03.08.2007 passed by the Additional Sessions Judge (Fast Track) No.1, Jaipur District, Jaipur and the same requires no interference whatsoever by this Court. Consequently, the criminal revision petition fails being devoid of merit and the same is hereby dismissed. Record be sent back forthwith. (K.S. RATHORE),J. /KKC/