SATYA PRAKASH AND ANR. Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) - The instant criminal appeal has been preferred by the appellants under Sec. 374 Code Criminal Procedure to challenge the judgment passed by the Sessions Judge, Jalore in Criminal Case No. 11/1993 dated 8.4.1994 by which the learned trial Court convicted the appellant Satya Prakash for the offence under Sections 323 and 325 and passed sentence against him for one year rigorous imprisonment for offence under Sec. 325 and three months under Sec. 323 Indian Penal Code and while granting benefit under Sec. 6 of the Probation of Offenders Act released the appellant Bhanwar Lal for offence under Sections 323 and 325/34 Indian Penal Code

(2.) As per facts of the case, an F.I.R. was registered upon the statement of one Bhanwar Singh against the appellants for the offence under Sections 323, 325 and 307 Indian Penal Code on 1.1.1993. In the statement of Complainant-Bhanwar Singh, it is alleged that on 31.12.1992 at about 8.30 P.M., he was going with Bhim Singh and Poosa Ram from Village Alena to their well. At that time, both the appellants assaulted the complainant as well as Bhim Singh and Poosa Ram. In the incident, the complainant received an injury upon his head and Bhim Singh was also assaulted by lathi. After registration of F.I.R. the Investigating Officer of Police Station, Jalore commenced the investigation and after completion of investigation, filed charge-sheet against the appellants for offence under Sections 323, 325 and 307 Indian Penal Code in the Court of Chief Judicial Magistrate, Jalore from where the case was committed to the Court of Sessions Judge, Jalore, The Sessions Judge, Jalore recorded the statement, of eight prosecution witnesses and exhibited 15 documents in the trial and after recording evidence of prosecution witnesses, the statement of accused-appellants were recorded under Sec. 313 Code Criminal Procedure in which both the appellants refused to.accept the allegations levelled against them and produced two witness DW-1 Pukhraj and DW-2 Mohan Lal in their defence.

(3.) After completion of the trial, vide judgment dated 8.4.1994, the learned trial Court acquitted the appellants for the offence under Sec. 307 Indian Penal Code but held guilty for offence under Sections 325, 325/34, 323 Indian Penal Code Appellant Satya Prakash was punished for the offence under Sec. 325 Indian Penal Code and Bhanwar Lal was held guilty for the offence under Sec. 325/34 Indian Penal Code The accused Bhanwar Lal was granted benefit of Sec. 6 of Probation of Offenders Act and released on probation whereas refused to granted the benefit of Probation Act to the appellant Satya Prakash and convicted him for offence under Sections 325 and 323 Indian Penal Code with sentence of one year rigorous imprisonment with fine of Rs.7200.00for offence under Sec. 325 and three months simple Imprisonment with fine of Rs. 50.00 for the offence under Sec. 323 Indian Penal Code.