GANPAT SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This Revision Petition is directed against the judgment dated 26.3.1992 passed by Additional Session Judge, Bali (hereinafter referred to as the Lower Appellate Court) in Criminal Appeal No. 31 of 1990, whereby the Lower Appellate Court affirmed the finding of guilt recorded by Munsif and Judicial Magistrate, First Class, Sumerpur, (hereinafter referred to as the trial court) in Criminal Case No. 419 of 1985. However, the Lower Appellate Court extended benefit of Sec. 4(1) of the Probation of Offenders Act, 1958 (hereinafter referred to as the Act) and directed the petitioner to execute personal bond of the sum of Rs. 2,000.00 to keep peace and tranquillity for the period of 2 years, and under Sec. 5 of the Act to pay Rs. 1500.00 as prosecution expenses. Aggrieved by the judgment of the Lower Appellate court impugned, the petitioner has filed this revision petition under Sec. 397 read with Sec. 401 Cr.RC.

(2.) Briefly stated facts to the extent they are relevant and necessary for decision of this revision petition are that PW-8 Kan Singh lodged a First Information Report Exhibit-P6 with Police Station, Sumerpur against the petitioner alleging therein that on 9.12.1985 while he was coming from Dhanapura after patrolling while he was near to village Paladi at 4.45 RM., petitioner Ganpat Singh abused him and assaulted. He sustained injuries vide Exhibit-P4. After investigation, police filed charge sheet on 19.12.1985 against the petitioner for offences under Sections 353 and 332 I.P.C. On 18.12.1986, the trial court framed charge against the petitioner under Sec. 332 I.RC. The prosecution produced PW-1 Shambhu Singh, PW-2 Jai Singh, PW-3 Bhanwar Lal, PW-4 Moot Singh, PW-5 Dr. Ashok Bhargava, PW-6 Kesar Singh, PW-7 Bhabhoot Singh and PW-8 Kan Singh and produced Exhibit-P1 statement of Bhanwar Lal, Exhibit-P2 Statement of Jai Singh, Exhibit-P3 arrest memo of the petitioner, Exhibit-4 injury report, Exhibit-P5 site inspection note, Exhibit-P6 report lodged by PW-8, Exhibit-P7 First Information Report, Exhibit-P8 site map and Exhibit-P9 order dated 7.5.1981 issued by Superintendent of Police, Pali, wherein it is shown that complainant PW-8 Kan Singh is working in the Police Department on the post of constable. Accused made statement under Sec. 313 Cr.RC. and produced DW-1 Mod Singh and DW-2 Sona Ram. On appreciation of the evidence produced before the trial court, the trial court found that the petitioner was guilty for the offence under Sec. 332 I.RC. and sentenced him to undergo one year imprisonment and fine of Rs. 500.00 in default of payment of fine to further undergo simple imprisonment of three months.

(3.) Aggrieved by the judgment of conviction of the trial court, the petitioner preferred a criminal appeal before the Lower Appellate Court. The Lower Appellate Court on re-appreciation of the evidence, affirmed the finding recorded by the trial court holding the petitioner guilty for the offence under Sec. 332 I.RC. However, instead of sending the petitioner to jail, the Lower Appellate Court extended benefit of Sec. 4(1) of the Act with direction noticed above.