BALRAM Vs. MAHARAJ SINGH

JUDGEMENT

(1.) HEARD on the question of admission.

(2.) AFTER perusal of the impugned judgment on record, it seems that respondent No. 1 -Maharaj Singh stood for trial before the learned Magistrate for the commission of offence under Section 294, 336, 323 and 506 Part -II of I.P.C. After recording hearing the arguments of both the parties and taking into account the evidence led by the prosecution of the witnesses, i.e., complainant Balram (PW -1), Dr. N.S. Chauhan (PW -4), eye -witnesses Dayaram (PW -2), Deshram (PW -6), Bhan Singh (PW -3) and Babulal (PW -5), the trial court came to the conclusion that the prosecution has failed to prove the guilt against the respondent No. 2/accused and therefore acquitted the accused of the charge for offence under Sections 294, 336 and 506 Part -II of I.P.C. But at the same, since the offence alleged against the accused under Section 323 of I.P.C. is found proved, he was convicted and sentenced till rising of the court alongwith fine of Rs. 1,000/ - (Rs. One thousand only).

(3.) LEARNED counsel for the petitioner contended that the trial court showed too much leniency towards the accused while awarding punishment to him and therefore it is prayed that appropriate punishment as per law be imposed against the accused/respondent No. 2.