RADHEY SHYAM AND ORS. Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) These revision petitions have been filed against the judgments of the appellate Court whereby the conviction and sentence of the present petitioners under Sec. 147, 452 and 323, 149 have been challenged. The petitioners Radhey Shyam and others, have been convicted for the offences under Sec. 147, 452 and 323, 323/149 Indian Penal Code and benefit of Probation of Offenders Act has been given and the compensation has also been awarded to Yogesh injured. Juvenile Deepak Sharma has been convicted by the Principal Magistrate, Juvenile Court and has been sentenced under Sections 147,323 and 447 Indian Penal Code and he has been given benefit of Sec. 15(1)(A) of the Juvenile Justice Act.

(2.) Brief fact of the case are that Hari Shanker lodged a written report on 3.5.1992 at Police Station Kotwali Jaipur stating therein that Yogesh was sitting behind his house. Petitioner Radhey Shyam and others, have entered into house after having cricket bat and knife in their hands. They assaulted Yogesh, who was shifted to the hospital. On this information, F.I.R. has been registered for the offences under Sections 147, 462, 323 Indian Penal Code After usual investigation, charge-sheet was filed. Seven witnesses have been produced in support of the prosecution case. The statement of the accused was recorded under Sec. 313 Code Criminal Procedure One witness has been produced in defence.

(3.) After hearing the parties, the trial Court has convicted the present petitioners and given benefit of Sec. 4(1) of the Probation of Offenders Act and Sec. 15(1)(A) of the Juvenile Justice Act and appeals have also been dismissed, hence these revisions.