- (1.) Heard learned counsel for the parties and perused the record. The complainant contests revision of judgment and order dated 04.02.2003 passed by the Special Judge/Additional District & Sessions Judge, Siddharth Nagar in Sessions Trial No. 247 of 1993. The learned Judge by the impugned order held the accused-respondents entitled to benefit of doubt and consequently not guilty and acquitted them on the charges under sections 307, 325, 504, 506, 323 read with section 34 IPC.
(2.) The3 revisionist lodged FIR on 10.10.1998 at 19.25 stating therein, in brief, that over the quarrel between the children of the revisionist and accused-Ramjit, at about 5.00 p.m. accused Ramjit came to her gate reviled and thrashed her with fists, kicks and a stick; on the uproar her husband Ram Deo came to her rescue; accused-respondents Sarvajit, Jagdish and Jhinak armed with sticks and farsa also arrived and laid on her husband with intention to kill him; Ramjit gave a farsa blow to her husband; Ram Chandra, Suresh and many other persons arrived and witnessed the incident; the accused went away, abusing and threatening; her husband received serious injuries; his condition was very serious, and therefore she took him to Government Hospital, Siddharth Nagar and after medical examination of herself and her husband she lodged the FIR.
(3.) The prosecution examined the informant-revisionist and her husband Ramdev-both injured witnesses, Suresh and Ram Chandra as independent witnesses in addition to the formal witnesses such as Doctor, Investigating Officer, and the Constable clerk. The trial Judge evaluated the evidence. He foundered on doubt and entered the verdict of acquittal.;