S.B. CR. REVISION PETITION NO.298/07 Smt. Phula Devi vs. State of Raj. & Ors. Date of order : 24/3/2008. HON'BLE MR.JUSTICE MOHAMMAD RAFIQ Shri Banwari Sharma for the petitioner. Shri L.L. Gupta for the respondent. ****** This revision petition has been filed by the plaintiff against the judgment dated 19.12.2006 by which Special Judge, Additional Sessions Judge, Jaipur acquitted the accused respondents of the charges under Sections 341, 323, 325 and 307 read with Section 34 of IPC. Learned counsel for the petitioner argued that the learned trial court has not correctly appreciated the evidence of the prosecution which proved the offence against the respondents beyond reasonable doubt. It was argued that the learned trial court has given more emphasis to the minor contradictions borne out in the statements of witnesses than the reliable evidence. Learned trail court failed to appreciate that the injury on the left side of the head of the victim Seema was grievous that could not be disbelieved just because her father PW-9 Puranmal in his statement stated the injury sustained by Seema on right side of the head. It was argued that the incident took place on 14.01.2006 and it was in that incident that the injury was sustained by Seema. Case of the prosecution was proved on evidence of Seema and her mother Phula Devi. The doctor B.L. Meena, PW-11 also proved such injury merely because the First Information Report was lodged on 17.01.2006. On the basis of complaint, the entire prosecution case could not be described. It was argued that the priority of the complainant was to get treatment of injured Seema. The injury therefore, could not be taken as so fatal as to implicate a story of the case of the prosecution. Having heard the learned counsel for the petitioner and perused the material available on record, I find that the learned trial court has discussed the evidence led there. Learned trial court found that the dispute arose when PW1 Seema was flying kite from her roof top and her neighbor Deepak has cut off thread with which it was tide. This led to altercations between children and thereafter, the elders of the family also joined. Mother of Seema who was at that time sitting in the shop and had run from there to her house. On the other hand, parents of Deepak also came there. The learned trial court found that evidence suggest that especially PW-4 Om Prakash Khinchi, PW-3 Ram Pratap initially saw incident of 'Marpeeth' between Lalli Devi and Phula Devi mother of both the children. PW-3 Ram Pratap has stated that Heera Lal and his wife started throwing bricks, one of which hit the daughter of Puran Mal. He then stated that one of the bricks thrown by wife of Puran Mal hit the injured Seema. PW-5 Naresh also stated that the fight took place on the dispute about kite flying in which the brick thrown by the mother of Lalli Devi hit the head of the injured Seema but in the cross-examination he admitted that she reached the site of incident when the fight was already over. PW-9 Puran Mal, father of the injured Seema also stated that he was taking a sleep in the room of his house and hearing hue and cry he reached the roof. Learned trial court on the basis of these evidences held that while part of the evidence suggested that the brick thrown by Lalli Devi hit Seema and the other part also suggest that brick thrown by her mother Phula Devi hit her. The offence against the respondents was therefore, not taken to have been proved beyond reasonable doubt. In my considered view, trial court did not commit any error in appreciating the evidence and arriving at the conclusion that the conclusion against the respondents was not proved beyond reasonable doubt. The judgment of the learned trial court therefore, cannot be faulted. This revision petition is therefore, dismissed. (MOHAMMAD RAFIQ), J. RS/