RUPA RAM Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This appeal has been filed by the accused appellants against the judgment and order dated 6-6-1995 passed by learned Additional Sessions Judge, Bali in, Sessions Case No. 46/93 by which he convicted the accused appellants Rupa Ram and Bhuria for offence under Section 326 I.P.C. and convicted accused appellant Prabhura for offence under Section 323 I.P.C., but instead of sentencing them the learned Additional Sessions Judge released them on probation under the provisions of Section 4 of the Probation of Offenders Act. 1958 and further directed that the accused appellant Rupa Ram would pay Rs. 5.000/- as compensation to injured P.W. 3 Poma Ram and accused appellant Bhuria would pay Rs. 3.000/- to injured Mana Ram P.W. 11 and accused appellant Prabhura would pay Rs. 500/- to Poma Ram P.W. 3. Rs. 500/- to Mana Ram P.W. 11 and Rs. 500/- to Goma Ram P.W. 9. The learned Additional Sessions. Judge by the same judgment acquitted rest of the accused namely, Mst. Hanja, Mst. Singari, Mst. Nenu, Mst Kalu, Babura, Fusaram and Vaga Ram from all the charges framed against them.

(2.) It arises in the following circumstances:

(3.) During trial, 28 witnesses have been produced by the prosecution and thereafter statements of accused under Section 313 Cr. P. C. were recorded and no evidence was led in defence by the accused persons.