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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.