RANJANA PANDYA, J. - (1.) THIS revision has been preferred against the judgment and order passed by the Ist Additional Sessions Judge, Etawah on 28.06.1989 allowing the appeal and setting aside the order dated 30.09.1988 passed by the Ist Additional Munsif Magistrate, Etawah.
(2.) THE prosecution case in brief is that the FIR was lodged at police station Bharthana by Ram Autar, the revisionist against opposite party Nos. 2 to 4 and others stating that on 21.09.1982 at 9.25 a.m. the complainant went to his hosue which he had purchased from Chhotey Lal and Baijnath through registered sale deed on 24.03.1982 for making construction on open land lying behind the said house. He was accompanied with labourers. The labourers were digging a pit, but the opposite party Nos. 2 to 4 along with ladies and six unknown persons armed with lathis, Kanta and country made pistol came to the spot and asked the complainant not to get the land dig for latrine. The complainant resisted and said that he would construct the latrine in his house. At this, the said opposite party Nos. 2 to 4 and others abused the complainant and caught the father of the complainant and assaulted him. The opposite party Nos. 2 to 4 and others threw acid also and Shri Krishan threatened the labourers at the point of country made pistol. Acid was also thrown on Rameshwar, the labourer. On hearing hue and cry Mahesh Chandra, tailor, Chhotey Lal Kare, Ram Gopal Pandey, Mahar Singh Yadav and others came to the spot. The witnesses saved the complainant and the injured. The case was investigated by the Investigating Officer and charge sheet was submitted. Charges under sections 147, 148, 324, 326 IPC were framed against the accused persons, who claimed not guilty and claimed to be tried. The prosecution examined Chhotey Lal as PW -1, Mahesh Chandra as PW -2, Shyam Sunder as PW -3, Ram Avtar as PW -4, Dr Mehtab Singh as PW -5, Dr Govind Singh as PW -6 and court witness Constable Ram Naresh.
(3.) IN the statement under section 313 Cr.P.C., the accused persons again pleaded not guilty.;