Per: Alok Singh, J (Oral)

Present appeal and revision are preferred assailing the judgment and order dated 21.12.2009 passed by Sessions Judge, Udham Singh Nagar in Sessions Trial No. 233 of 2005 (State Vs. Suresh Batra and others) whereby all the 6 accused / respondents, herein, were acquitted of charges punishable under Section 147, 148, 307/149, 302/149, 452, 506, 427 IPC.

2. Brief facts of the present case, inter alia, are that PW1 Suresh Singh has handed over written report to police station Gadarpur at about 08.30 p.m. on 22.08.2004 stating therein that today i.e. on 22.08.2004 at about 05.00 p.m. Surjeet Batra, son of Diwan Chandra, Ramesh Chandra Batra, son of Deshraj Batra, Sandeep Batra son of Lal Chandra Batra, Praveen, son of Ram Lal Narang, Sahab Singh, son of Santa Singh Batra, Harish Munjal, son of not known, after breaking the door of complainant’s house entered into his house and started assaulting PW1 Suresh Singh (complainant), his brother Kamal, Krishna, Dharam Singh, Dilip Singh, son of Pan Singh and his mother Brahma Devi with the butt of gun and country made pistol; they have also used sword, PATA, iron rod; entire incident was witnessed by Vinod