- (1.) THIS Criminal Revision by the complainant is directed against the judgment and order dated 5-7-1985 passed by Sri Kartar Singh the then ll Additional Assistant Sessions Judge, Ghaziabad whereby he acquitted all the seven accused of the charges framed under Sections 147, 325 and 307 both read with Section 149 of the Penal Code.
(2.) I have heard Sri Rajeev Gupta, learned Counsel for the complainant-revisionist and Sri Nasiruzzaman, learned Counsel for the accused-respondents at length and perused the record carefully. In brief, the prosecution case was that on 19-12-1982 at about 8. 00 a. m. Faquira, son of Jahura, and his co-villager Zamil, son of Gafura, were going to bus station. When they arrived in front of the house of Jangi and Niyaji, sons of Natthoo, they were suddenly surrounded by Akhtar and six others. All the accused were armed with lathies. On the exhortation of Akhtar to kill Faquira, all the accused assaulted him (Faquira) mercilessly with their lathies. He fell down after sustaining fracture of his limbs. On the hue and cry raised by Faquira and Zamil, Akhtar asked his associates to throw Faquira in the canal and they all picked him up for this purpose. On account of arrival of several vilagers, he was left there and the assailants ran away. The incident was witnessed by Zamil, Imamuddin, Guljar and Sabir. The injured was taken to District Hospital, Ghaziabad for medical examination of his injuries and treatment. Faquira got a report prepared by Yashpal Sharma and sent his report to P. S Mussorie where a case was registered on the same day at 12. 15 p. m.
(3.) DR. A. K. Saxena examined the injuries of Faquira on the same day at 11. 00 a. m. He found twelve injuries in all on different parts of body, advised X-ray and admitted the injured. After X-ray, a number of fractures were detected.;