BHANWAR SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This revision petition is directed against the judgment of the learned Special Judge, SC/ST (Prevention of Atrocities), Merta dated 10.10.2002 whereby the learned Judge has convicted the petitioners of offence under sections 341 & 323 IPC and granted the benefit of provisions of Probation of Offenders Act.

(2.) The brief facts of the case are that on 22.8.1996 one Narayan Ram Bawri lodged an FIR at Police Station Ladu alleging therein that a day before at about 10.00 - 11.00 a.m. while he was proceeding towards the bus stand, accused- Bhanwar Singh and Kalu Singh obstructed his way. They abused and assaulted him. He was rescued by Hanuman Ram and Ramu Ram. They also threatened him of dire consequences. On this information, police registered a case for offence under sections 341, 323 and 504 IPC and Section 3(1)(x) of SC/ST (Prevention of Atrocities) Act, 1989 (hereinafter referred to as 'the Act of 1989'). After usual investigation, police laid charge-sheet against the petitioners for aforesaid offences.

(3.) The petitioners pleaded not guilty and claimed trial. The trial Court relying on the statement of prosecution witnesses, held the petitioner guilty of offence under Sections 323 and 341 I.P.C. The learned Judge has, however, acquitted the accused persons of offence under the Act of 1989.