- (1.) V. K. Chaturvedi, J. Pyare Lal and seven others have preferred this revision against the judgment and order dated 24-12- 1988 passed by III Additional District Judge, Gorakhpur in Criminal Revision No. 1 of 1988 allowing the revision of the opposite party No. 2 and setting aside the judgment and order of acquittal passed by Chief Judicial Magistrate, Gorakhpur dated 28-11-1987 in Criminal Case No. 430 of 1982 under Sections 147/148/149/323/324/ 325 IPC.
(2.) HEARD Sri S. N. Tripathi, learned Counsel for the revisionists and learned AGA. None responds for opposite party No. 2 though the case is taken up in revised list. It is contended by learned Counsel for the revisionists that only the High Court has jurisdiction in the judgment and order of acquittal and, as such, the order passed by the III Additional Sessions Judge is bad in law. The brief facts of the case are that P. W. 2 Bhogala lodged a report at police station Nautanwa with the allegation that on 13- 6-1987 at about 6 a. m. the revisionist No. 1 Pyare Lal came at his home and called him for Panchayat in Bera. He had asked his companions to remain present in Bera armed with lathies and spear etc. When Bhola came out of his house Pyare Lal caught hold of him and other accused started beating him with lathies and spear. On hearing his alarm his son Chhotakau, Jairam, Hariram, his wife Smt. Kailashi and one Dal Bahadur came to save him. The accused persons caused injuries to them also by lathies. Accused Prabhu caused injuries to Hari Ram and Smt. Kailashi with spear. On his report the case was investigated and the injuries were got medically examined. The Investigation Officer after completing the investigation submitted the charge- sheet against the revisionists. The accused pleaded not guilty and claimed to be tried and stated that they have been falsely implicated in this case on account of enmity.
(3.) THE prosecution in order to prove its case examined P. W. 1 Bhogala, P. W. 2 Chhotakau, P. W. 3 Jairam, P. W. 4 Dal Bahadur, P. W. 5 Hariram and P. W. 6 Smt. Kailashi. THE genuineness of the documents filed by the prosecution was admitted by the defence counsel. The Chief Judicial Magistrate after considering the evidence and examining the record acquitted the revisionists of the charges under Sections 323, 149, 148, 147, 324, 325 IPC.;