Kanta Bhatnagar, J. - (1.) AKSHYA Kumar respondent was tried for the charges Under Sections 323 and 324 I.P.C. by the Munsif and Judicial Magistrate, Bhinmal. Vide judgment dated January 20, 1982 he was acquitted of the charges. The State of Rajasthan feeling dissatisfied by the judgment of acquittal preferred S.B. Criminal Appeal No. 255 of 1982. Complainant Poonma also felt aggrieved by the judgment and filed S.B. Criminal Revision Petition No. 111 of 1982 which was connected with the appeal filed by the State. As the appeal and the revision petition arise out of the same judgment, I propose to dispose them of by one judgment.
(2.) THE facts of the case leading to the trial of respondent were that on May 5, 1980 Poonma lodged the report at Police Station Bhinmal about respondent Akshya Kumar causing injuries to his wife smt. Gawari with an axe. Case was registered Under Sections 323 and 324 I.P.C. and investigation proceeded. The learned Magistrate held that the three witnesses viz. Rama (P.W. 4), Bagda Ram (P.W. 5) and Ganesha (P.W. 6) were near relatives of Smt. Gawari and their statements are not supported by the medical evidence and as such prosecution case cannot be said to be established beyond reasonable doubt. In view of that conclusion, the learned Magistrate passed the judgment of acquittal.
(3.) NOTICES were issued to the respondents. Mr. Suresh Kumbhat put in appearance initially on behalf on Akshya Kumar respondent but not at the time of final arguments. We heard Mr. Himta Ram Panwar, learned Public Prosecutor for the State and Mr. N.M. Lodha, learned Counsel for Complainant Poonma.;