SALE MOHD. Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Instant revision petition has been filed by the petitioner challenging the judgment dtd. 24/9/2002 passed in Cr. Appeal No. 4/2002 by learned Addl. Sessions Judge, Phalodi (hereinafter referred to as Rs. .00the Appellate Court') by which the Appellate Court while dismissing the petitioner's appeal, upheld the judgment dtd. 5/6/2002 passed in Cr. Case No. 204/1996 by learned Addl. Chief Judicial Magistrate, Phalodi (hereinafter referred to as Rs. .00the Trial Court') whereby, the learned Trial Court Court convicted and sentenced the present petitioner as under :

(2.) Brief facts of the case are that on 19/12/1995, complainant Fazal Khan submitted a written report to SHO, Lohawat inter alia alleging therein that today at about 3.30 PM accused persons namely Nehaldeen, Sale Mohd. Sayar Khan, Hamid Khan came to his field armed with Dhariya and lathies and gave beating to him. When his son Ibrahim came to rescue him, then his son Ibrahim was caught hold by Nehaldeen and other accused persons gave a dhariya blow to his son's right hand and caused injuries. The complainant also alleged that the accused persons had enmity with him in respect of his agriculture land. On this report, Police registered F.I.R. No. 153/1995 for offence under Ss. 341, 342, 323 I.P.C. against the accused persons and started investigation.

(3.) After investigation, the police filed challan only against the present petitioner and accused Nehaldeen for offences under Ss. 341, 342, 323, 326/34 I.P.C. Thereafter, charges were framed by the learned Trial Court against the petitioner, who pleaded not guilty and claimed trial.