GHASI RAM & OTHERS Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Heard the learned counsel for the petitioners as well as learned Public Prosecutor. This revision petition has been filed against the order dated 30 th May 1996 passed by the learned Special Judge, SC/ST (Prevention of Atrocities Act) Cases, Merta in Cr. Appeal No.07/1996 (09/1994) whereby learned Special Judge allowed benefit of probation under sec.4 of the Probation of Offencers Act in respect of accused-appellants Kishna Ram, Lichhman and Radhey Shyam; to keep peace and tranquility and be of good behaviour for two years and also ordered to deposit a sum of Rs.250/- each towards compensation under sec.5 of the Probation of Offenders Act, 1958 and upon deposition of aforesaid amount, the same be paid to complainant-injured Bholu Ram but dismissed appeal of the accused-appellant Ghasi Ram and in his respect, maintained the sentence imposed by the Judicial Magistrate, Parbatsar vide judgment dated 19 th April 1994 passed in Original Cr. Case No.185/1989 - State v. Kishna Ram Ram & others, whereby the accused-petitioners were convicted for offence punishable under secs.447, 323 & 325/34 IPC and accordingly they were sentenced in the following terms: <FRM>JUDGEMENT_226_LAWS(RAJ)3_2012.htm</FRM>

(2.) Brief facts of the case are that on 30.10.1989 complainant Bholu Ram (PW1) lodged an oral information (Ex.P1) in Police Station, Parbatsar to this effect that around 10 O'clock in the morning he went for customary visit (rama-shyama) to Narayan in his village Deoli then Kishna Ram and Ghasi also came there, with whom complainant was having old animosity, on account of which mutual altercation occasioned there.

(3.) Later, when he reached back in his 'dhani', his son Jai Ram was sitting there, Pappu was grazing goats outside the house and Geeta was in the house. At that time, Kishna Ram, Ghasi Ram, Uma Ram, Lichhman, Radhey Shyam, Arjun, Nathu, Panna, Ganpat came there with one mind due to that animosity and all of them started beating with the complainant. When complainant raised hue & cry then Jai Ram, Pappu and Geeta came to rescue him, thereupon the accused-persons gave beating to them also. Upon raising further hue & cry, Raju Singh and Vikram Singh came there, who intervened and rescued them. The complainant suffered injuries on right side of his head, on the shoulder, at thigh, hands and legs.