S.B. Cr. Revision Petition No.474/2002 Smt. Gopal Bai Vs. State & Ors. Dated : 03.03.2010 HON'BLE MR. MAHESH BHAGWATI,J. Mr. Chetan Jain, for the petitioner. Mr. GS Fauzdar, Public Prosecutor for the State. Mr. Arun Kr. Sharma for the respondents. *** Challenge in this revision petition is to the judgement dated 7th February, 2002 whereby the learned Additional Chief Judicial Magistrate No.1, Kota acquitted the accused non-petitioner No.2 to 6 namely Tulsi Ram, Kanhiya Lal, Ramesh @ Kanhiya, Smt. Kaushalya and Krishna of the offences under Section 341, 323, 147 of IPC. The accused non-petitioners are alleged to have committed the offences under Sections 147, 341 and 323 of IPC. The particulars of these offences were read over to the accused persons by the trial Court, who pleaded not guilty and claimed to be tried. The prosecution, in order to further its version, examined only five witnesses. The accused persons in the statements under Section 313 of Cr.P.C stated the prosecution story to be untrue and contended that they were falsely implicated by the complainant owing to rivalry between the two parties, on completion of trial the accused persons were acquitted of the alleged charges as indicated hereinabove. Heard the learned counsel for the parties and carefully perused the relevant material on record including the impugned judgment. Learned counsel for the revisionist canvassed that there being ample evidence on record against the accused persons, the learned trial Court arbitrarily acquitted them of the alleged charges. The learned trial Court has not appreciated the prosecution evidence in right perspective and the judgment suffers from infirmity, which deserves to be set aside. E converso, the learned counsel for the accused non-petitioners canvassed that there has been rivalry between the two parties and the civil suits have been pending in the courts with regard to land. In another case Rameshwar Dayal lodged the report against the accused petitioners and they were acquitted of the alleged charges in that case also. Aggrieved with the judgment, Rameshwar Dayal filed a criminal revision petition No.473/2002 in the High Court, which also has been dismissed vide order dated 6th May, 2009. The revisionist Smt. Gopal Bai and Rameshwar Dayal are brother and sisters in relation. The investigation of these cases was influenced by the police officers, who happened to be in their relation. The learned trial Court has rightly acquitted the accused non- petitioners and stated the impugned judgment to be just and proper. Having reflected over the submissions made at the bar and carefully perused the relevant material on record, it is found that the learned trial Court considered the statements of PW/1 Gopal Bai, PW/2 Mahaveer Prasad, PW/3 Puroshottam, PW/4 Dropdi and PW/5 Firangi Lal. PW/2 Mahaveer Prasad and PW/3 Purushottam are the witnesses of the site- plan Ex.P/2 and PW/5 Firangi Lal, is the Investigating Officer of this case. Both PW/1 Gopal Bai and PW/4 Dropadi are in relation and belonged to one family. It is not in dispute that both the parties have been in dispute over land and civil suits have been pending in the Courts. The learned trial Court has observed at the end of the judgment that the police officer who investigated this case, abused his official position and falsely implicated all the non-petitioners at the instance of Smt. Gopal Bai, who happened to be the sister of Rameshwar Dayal. Both the parties endeavoured to enter upon the land and thus both the parties had a trivial beating with each other. Since the offences under Section 341, 323 and 147 of IPC were not made out against the accused respondent beyound reasonable doubt, they were acquitted of the alleged charges. The impugned judgment seems to be just and proper and suffers from no infirmity. I am in unison with the finding of acquittal arrived at by the learned trial Court and impugned judgment warrants no intervention in exercise of revisional jurisdiction. For the reasons stated above, the criminal revision petition being bereft of merits stands dismissed. (MAHESH BHAGWATI)J. Pcg