- (1.) THE present revision petition has been filed by the complainant, Sube Singh, who had appeared in the court as P.W.2. He has assailed the impugned judgment and order dated 1.4.2009, whereby Mahender Singh, the respondent No.1, was substantively convicted for the offence under Section 324 IPC and respondents No. 2 to 4, namely Ram Singh, Heera Lal and Smt. Raj Bala for the offence under Section 323 IPC. The complainant is aggrieved against their acquittal qua offence under Section 302/149 IPC.
(2.) THE trial court while not applying Section 148 and 149 IPC, had returned the finding as under: -
(3.) THE respondents No. 1 to 5 had filed a separate appeal [D.B. Criminal Appeal No. 338/2009] to assail their conviction and sentence. It is to be noted that the State of Rajasthan has not filed any appeal against the acquittal of the respondent Nos. 1 to 4, qua offence of murder. We have decided the appeal, i.e. D.B. Criminal Appeal No. 338/2009 preferred by Suraj Bhan and others vide a separate judgment of even date. We have held therein that the complainant had not explained the injuries on the person of Suraj Bhan and his wife Raj Bala, the respondents No. 5 and 4, respectively.;