Abdul Moin ORDER
Abdul Moin, J.
1. Case called out in the revised list.
2. Heard Sri Manoj Kumar Dwivedi, learned counsel for the revisionist and Sri Dharmendra Singh, learned Additional Government Advocate. None responds for the respondents No. 3 to 10. The learned A.G.A. has indicated that no State appeal has been preferred against the judgment dated 30.7.2004. The same is also apparent as per the office report dated 30.5.2015. There are already two stop orders passed by this Court on 10.2.2017 and 12.7.2017. The matter being 14 years old, the Court is proceeding to hear the same on merits keeping in view the law laid down by the Hon'ble Supreme Court in the case of Madan Lal Kapoor v. Rajeev Thapar and others reported in MANU/SC/7884/2007 : 2007(7) SCC 623.
3. By means of the present revision, the revisionist has challenged the judgment and order dated 30th July, 2004 passed by the learned Additional District and Sessions Judge, Fast Track Court No. 2, Sultanpur in Sessions Trial No. 96 of 1995 In re: State v. Ram Adhar and others, whereby the learned Trial Court acquitted the accused/opposite parties No. 3 to 10 for the offences punishable under Sections 147, 148, 149, 302, 307, 323, 504 and 506 of the I.P.C.
4. The case in brief as per the prosecution, is that on 10.6.1993 at about 7.30 P.M. the accused persons namely Ramadhar, Rambahal, Chhotelal, Ramsamujh, Ramkripal, Ramkumar, Matadin and Deviprasad armed with Lathis and Ballams were taking water through a drain by digging it in front of the house of complainant Sahdev son of Birjusaroj. The brothers of the complainant Sahdev namely Birju and Mahadev objected to the same and consequently all the accused persons with common intention started beating with Lathis and Ballams. On hue and cry of the complainant Sahdev, other persons namely Jagmohan, Rampher and Ramkhelawan arrived at the spot and tried to intervene when again the accused persons started to abuse and beat them. It was contended that the accused Deviprasad and Ramkripal were armed with Ballams. Certain other villagers namely Jangali and Ramnihor also arrived at the spot after hearing the cries and witnessed the occurrence and subsequently the accused persons ran away from the place of occurrence. On the basis of a written complaint an F.I.R. was registered on 10.6.1993 at 11.30 P.M. under Sections 147, 148, 149, 323,