GOPAL KRISHAN VYAS, J. - (1.) This revision petition under Section 397 read with 401 of Cr.P.C. has been filed by the petitioner complainant against the judgment dated 05th of January, 1998 passed by learned Addl. Sessions Judge, Banswara, in Session Case No. 243/1992, whereby the accused respondents No. 1 to 6 were acquitted from the offence sunder Sections 394/34, 387/34 and 302/34 of I.P.C. As per facts of the case, petitioner/complainant, Ramchander lodged a complaint against six accused persons before the S.H.O., Police Station, Lohariya, on 21.07.1990 at 6'O clock in the evening. In the complaint it was averred that named accused respondents abducted his son-Ramesh Patel for ransom of Rs. 37,000/- on 15.07.1990 at 04.30 PM while he was going along with his wife from his village to Mota gaon. The accused persons took his son, Ramesh in a jeep forcibly and thereafter demanded ransom, else they would kill his son. However, his son Ramesh was murdered and dead body of Ratam Patel (son of the complainant) was found on 18.07.1990 between Railway Station Maroli-Sachin. Thereafter, the dead body of the deceased was subjected to postmortem and the dead body of the deceased was handed over for cremation.
(2.) After investigation, the police filed charge sheet against the accused persons in the court of learned Judicial Magistrate, First Class, Banswara, from where the case was committed to the court of Sessions Judge but later on the case was transferred to the court of Additional Sessions Judge, Banswara for trial.
(3.) In the trial, after recording the evidence of prosecution as well as defence, the learned trial court finally acquitted the accused respondents No. 1 to 6 from the charges levelled against them vide judgment dated 05.01.1998.;