KEWAL CHAND Vs. STATE OF RAJASTHAN & ANR

JUDGEMENT

(1.) S.B.Criminal Revision Petition No.81/2010 and SB Cri. Appeal No.735/2009 arising out of the common judgment dated 03.10.2009 passed by the learned Special Judge SC/ST SC/ST (Prevention of Atrocities) Cases , Barmer, are being decided by this common order.

(2.) The instant revision petition has been preferred by the complainant-petitioner Kewal Chand s/o Raju Ram, b/c Meghwal, r/o Boodh Jetmalot , Tehsil Gudamalani, District Barmer, against the order passed by the learned Special Judge SC/ST (Prevention of Atrocities)Cases, Barmer in Sessions Case No. (SC/ST) 25/2009 where by the learned Judge acquitted Rawat Singh, respondent No.2, from the offence under section 3(1)(x) SC/ST Act and convicted respondent No.2 for offence under section 323 and 341 IPC and further extended the benefit of Probation of Offenders' Act. Being aggrieved by this judgment, the petitioner in SB Crimianal Revision Petition No.81/2010 has challenged the legality and propriety of the order of acquittal passed by the learned trial court and by way of SB Cri.Appeal No.735/2009, has challenged the order of extending the benefit of Probation of Offenders Act to respondent No.2. The brief facts giving rise to the present revision petition are that on 28.04.2009 the complainantpetitioner submitted a report, Ex.P/1, before the SHO, Police Station, Dhorimana alleging therein that on 27.04.2009 he was at this village and at about 10.00PM he received a telephonic message from his brother Ramji Ram that he has come to Sanawada and since no bus is available send the jeep to take him. On receiving this message , the complainant took his jeep bearing No.RJ 4 T 0142 and went to Sanawada bus stand, there his brother Ramji Ram and Nakhta Ram were waiting for him and accused Rawat Singh and Jugat Singh were taking liquor in the nearby hotel. When the complainant -petitioner, along with his brothers, started towards their village where the accused chased them in their vehicle bearing No.RJ 04 GJ-1357. They reached the village and when the complainant-petitioner came out from the jeep, accused Rawat Singh started beating him with iron chain, due to which he sustained various injuries. Jugat Singh also beat him with legs and fists and they abused him by caste and snatched from him Rs.10,000/- and also his mobile phone, lateron Nakhta Ram and Tamachi Ram came and rescued him. On the basis of this information, police registered FIR No.59/2009 and started investigation. The police after usual investigation filed the charge sheet for offence under section 341 and 323 IPC and section 3(1)(x) SC/ST (Prevention of Atrocities) Act and the case was committed for trial to the learned Special Judge ,SC/ST (Prevention of Atrocities) Cases, Barmer. The learned trial court framed charges for the offence under section 341 and 323 IPC and section 3 (1)(x)SC/ST (Prevention of Atrocities) Act against accused respondent No.2 Rawat Singh , the respondent denied the charges and claimed to be tried. The prosecution produced as many as 7 witnesses and exhibited 8 documents. The statement of the accused respondent No.2 Rawat Singh were recorded under section 313 Cr.P.C. The learned trial court , vide his judgment dated 03.10.2009, acquitted the accused respondent No.2 Rawat Singh from the offence under section 3(1)(x) SC/ST (Prevention of Atrocities) Act . and convicted respondent No.2 for offence under section 323 and 341 IPC and granted the benefit of Probation of Offenders Act.

(3.) Being aggrieved by the judgment of the learned Special Judge, SC/ST (Prevention of Atrocities) Cases, Barmer, dated 03.10.2009, the petitioner has preferred this SB Cri.Revision Petition No.81/2010 as well as SB Criminal Appeal No.735/2009.