- (1.) Heard Sri Ravindra Sonkar, Advocate holding brief of Sri M.C. Chaturvedi, learned counsel for the revisionist, Sri J.K. Upadhyay, learned AGA for the State and perused the impugned judgment of acquittal.
(2.) The instant revision has been filed against the judgment and order of acquittal dated 25.02.1999 passed by Chief Judicial Magistrate, Mahoba, in Criminal Case No.2842 of 1997 Shiv Kumar Vs. Shushil Kumar, under Sections 323 , 452 , 427 , 504 , 506 IPC, Police Station Mahoba, District Mahoba whereby learned Chief Judicial Magistrate has acquitted opposite party no.2 of charges under aforesaid Sections of IPC .
(3.) It is gathered from the impugned judgment that the prosecution case was confined to the ambit that the accused-opposite party no.2 Shushil Kumar Dwivedi is the son of the complainant Shiv Kumar and he separated from the complainant in the year 1989. The complainant was residing with his another son Kamlesh Kumar. While separating, Shushil Kumar Dwivedi was given one flour mill and speller with condition that he will repay the loan to the tune of Rs.25,000/- to Allahabad Bank. After two years, the accused-opposite party no.2 sold flour mill and speller and did not repay the loan amount to the bank. Due to this, the complainant had to repay the loan amount and when the same was demanded from the accused-opposite party no.2, he felt annoyed and in that particular factual background, he came to the house of the complainant around 12:00 noon on 29.12.1994 and tried to take way television set from his house. When he was stopped by the victim Kusum Lata and she asked him not to take away the television set, he beat up his mother by fists and kicks, besides abusing and threatening her.;