IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH, JAIPUR JUDGMENT RAMDAYAL VS. STATE OF RAJ. & ANR. SB Criminal Revision Pet. No. 470 OF 2002 under Section 397 read with section 401 Cr.P.C. against the order dated July 18, 2001 of Additional Chief Judicial Magistrate Sawai Madhopur in Criminal case No. 679 of 1997 whereby accused Om Prakash was acquitted of the offence under sections 279, 337 and 338 IPC on account of benefit of doubt. Date of Order : January 7, 2009 PRESENT HON’BLE MR. JUSTICE MAHESH CHANDRA SHARMA Mr. Vijai Yadav, for the petitioner. Mrs.Neetu Bhansali for Mr. S.K. Jindal K.A.Khan, for the non-petitioner. Mr. R.S.Shekhawat, Public Prosecutor. BY THE COURT : This revision petition has been filed by petitioner Ramdayal, against the judgment dated July 18, 2001 of Additional Chief Judicial Magistrate Sawai Madhopur in Criminal case No. 679 of 1997 whereby accused Om Prakash was acquitted of the offence under sections 279, 337 and 338 IPC on account of benefit of doubt. 2. Brief facts of the case are that on September 23, 1996 at 12.00 noon, while the son of the complainant was returning home, the accused Om Prakash and one other person hit his son Dinesh on account of which he suffered fracture. The written report about this was filed with the Police Station Kotwali Sawai Madhopur where FIR No.365 of 1996 was registered. Charge sheet under sections 279, 337 and 338 IPC was filed before the Addl. Chief Judicial Magistrate on November 2, 1996. The court took cognizance of the offence under sections 279, 337 and 338 IPC against the accused Om Prakash. The accused denied the charge and claimed to be tried. Statements of 10 witnesses were recorded by the prosecution and 10 documents were exhibited. On April 9, 2001 statement of accused under section 313 Cr.P.c. was recorded. After hearing both the parties the trial court acquitted the accused of the charges levelled against him by giving him benefit of doubt. Aggrieved against the order dated July 18, 2001, the petitioner filed the present revision petition. 3. The learned counsel for the petitioner argued that the court below without going through the entire record and evidence wrongly acquitted the accused respondent for offence under Sections 279, 337 and 338 IPC. The court below while passing the impugned order did not consider the statements of witnesses in correct perspective. Thus the judgment of the court below is liable to be set aside and the accused respondent should be convicted for the offences charged against him. The trial court has not properly appreciated the evidence came on record and produced by the prosecution. 4. The learned counsel for the accused respondent and the learned Public Prosecutor on the other hand opposed the submissions of learned counsel for the petitioner and stated that the court below after considering all the evidence, documents and record passed the order of acquittal by giving him benefit of doubt. There is no illegality or infirmity in the order passed by the court below. 5. I have heard the learned counsel for the parties and gone through the entire record. The judgment passed by the court below is perfectly according to law and there is no illegality or infirmity in the same. The court's attention was drawn on the judgment of the Hon'ble Supreme Court in Umrao Vs. State of Harayana & Ors. SC 2006 Vol.10 Page 136 in which their Lordships of the Supreme Court has observed in para 26 that “it is now well settled that if two views are possible, the appellate court should not interfere with the judgment of acquittal passed by the court below.” 6. Thus the order passed by the court below does not call for any interference in revisional jurisdiction and the revision petition stands dismissed. (Mahesh Chandra Sharma) J. OPPareek/