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Judgment
Heard learned counsel for the parties. Record of the
trial Court has been persued. The petitioner is aggrieved by three
accused, impleaded as respondent Nos.2 to 4 being acquitted.
Charged for having committed an offence punishable
under Section 323 / 326 / 307 / 34 IPC, the three accused have been
acquitted of all the charges.
The three persons from the side of the complainant
party, including the complainant were injured at an incident which
took place on January 27, 2000. Bhanwar Lal suffered a bone
deep injury on the right parieto occipital region. The wound was
4"x1/2". A bruise at the back of chest 3"x2" and an abrasion on
the left hand 2"x1". Ram Kalyan suffered an abrasion 1/2"x1/2" on
the nose and an abrasion 1/2"x1/2" in the left hand. Laxmi Bai
had a swelling in the right elbow. Accused: respondent No.3 had
three injuries. A 3"x1/2" bone deep sharp injury caused by a
sharp weapon on the right parietal region of scalp; a swelling on
the right forearm 3"x2" and a swelling on the left side of the
forehead 3"x2". The altercation had taken place at the boundary of
the fields. From the testimony of the witnesses it emerged that
accused Rameshwar Prasad @ Pappu had some altercation with
Laxmi Bai. His two brothers, Jagdish Prasad and Chandra Prakash
joined. The Investigating Officer who appeared as PW6 stated in
Court that it appeared to be a case of free fight and the origin
could not be ascertained by him. The testimony of the witnesses
did not rule out the complainant party as the aggressors and as
noted above, from the side of the accused it was only Pappu who
had received the injuries. The view taken is that right of private
defence appears to have been exercised. The findings returned
cannot be classified as perverse warranting interference.
The petition is dismissed.