Cr Rev 1220/03 //1// In the High Court of Judicature for Rajasthan Jaipur Bench ** Criminal Revision Petition No.1220/2003 Shiv Kumar & (3) Ors. Versus State & (6) Ors Date of Order ::: 13/03/08 Hon'ble Mr. Justice Ajay Rastogi Mr. Nalin G.Narain, for petitioner (complainant) Mr. Arun Sharma, Public Prosecutor. Instant petition has been filed by complainant against judgment dt.17/07/03 in Sess. Case No.95/01 whereby Addl. Sess. Judge (FT) No.1, Bharatpur acquitted respondents 2 to 7 from the offence U/Ss 147, 323, 323/149, 325, 325/149, & 447, IPC. Petitioner for an incident of 02/02/93 filed a complaint before Judicial Magistrate on 18/02/93 inter-alia stating that at about 4-5 O' clock in the evening on 02/02/93, while his brother Bachchu was ploughing the field, accused respondents who are also having their adjacent land, came with common intention and started pelting stones which resulted into a scuffle and when injured Bachchu tried his best to settled down dispute but yet Ramesh gave him Farsa blow from its reverse side on his head and other accused persons also inflicted injury on the person of injured Bachchu. Private complaint (supra) was sent U/s Cr Rev 1220/03 //2// 156 (3) CrPC to the police and the investigating officer after a detailed investigation submitted a negative final report, against which protest petition was filed by petitioner (complainant) and statements U/Ss 200 & 202, CrPC were recorded and there after took cognizance of offences U/Ss 147, 325, 325/149 & 447, IPC. It is relevant to mention that for self -same incident of 02/02/93, accused party had also lodged FIR against petitioners herein for having caused injuries to members of their party out of whom, one of injured Ramesh (accused) later on died and succumbed to his injuries sustained, for which after trial, members of present complainant party were finally convicted as noticed by trial Court in judgment impugned. In instant case, statements of 14 witnesses were examined by prosecution and Dr. Trilok Khandelwal (Pw14) who medically examined injured Bachchu, specifically deposed that there was no bone injury or fracture on the person of injured and even from injury report (Ex.P.3) & X-ray report (Ex.P5) they do corroborate with statement of Dr. Trilok (Pw14), and no reasonable explanation has come forward in filing private complaint for the incident of 02/02/93 after a delay of about 16 days on Cr Rev 1220/03 //3// 18/02/93. While examining statements recorded during trial, learned trial Judge observed that there are contradictions in statements about injury on the person of injured Bachchu and thus after taking note of entire material on record and appreciation thereof, finally acquitted accused respondents holding that prosecution failed to prove charges beyond reasonable doubt against them. This Court has considered contention of Counsel for complainant. After perusal of impugned judgment, which recorded finding of fact about innocence of accused respondents based on proper appreciation of the evidence on record, this Court does not find any manifest error being committed by court below which may call for interference. Consequently revision petition is hereby dismissed. Record be sent back to the court concerned. (Ajay Rastogi), J. K.Khatri/p3/1220CrRev03acq.doc