- (1.) BHAGWAN Din, J. This is complainant's appeal against the order of acquittal dated 21-12-1979 passed by Munsif Magistrate, Ghazipur, in a criminal case No. 117 of 1978, Smt. Surja Devi v. Krishna & Ors. , under Sections 147, 452, 323 and 506, I. P. C, police station Gahmar, District Ghazipur.
(2.) SRI Murlidhar Mishra, the learned Counsel appearing for the complainant appellant informed the Court that he has no instructions to argue the appeal. The appeal is, therefore, decided on merit with the help of SRI Siddharth Verma, holding brief of SRI S. K. Verma, the learned Coun sel appearing for the respondents. An incident of Maarpeet took place on 24-2-76 at about 5. 30 p. m. in village Naveli P. S. Gahmar, wherein, Smt. Surja Devi received simple hurt. It is al leged that on the said date, time and place respondents formed an unlawful assembly with the object to commit an offence and in pursuance there to inflicted simple hurt to Smt. Surja Devi. On the intervention of the witnesses cited in the F. I. R. , the respondents went away saying that they will see her. The appellant instead of lodging F. I. R. against the respondents at the police station preferred to send a com plaint to the Superintendent of Police, Ghazipur on the next date of the incideni. On the direction of the Superintendent of Police, Ghazipur a criminal case was registered at the police station. The Inves tigating Officer after completing the in vestigation submitted charge-sheet against all the respondents.
(3.) THE trial Court framed the suitable charges against the respondents under Sections 147, 452, 323 and 506, I. P. C. and directed them to be tried on the said char ges. THE respondents facing the trial, denied the charges levelled against them and claimed to be tried. THE prosecution. therefore, has examined Ram Bnksha, P. W. 1, Dalkeshwar P. W. 2, Nageena, P. W. 3. the eye- witnesses and also examined Mohammad Dowood, P. W. 4, Constable Umrahoo Singh, PW. 5, Surja Devi (in jured witness), P. W. 6. The learned trial Court after recording the statement of the respon dents under Section 313, Cr. P. C. and evaluating the evidence of the injured wit ness and other material on record, was of the view that complainant's case suffer from certain infirmities and replete ol im probabilities, therefore, acquitted the respondents. Against the order of the ac quittal passed by the trial Court the com plainant has filed this appeal.;