MUKH RAM Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The instant criminal revision petition under Sec. 397/401 Cr.P.C. has been preferred by the appellants to challenge the judgment dtd. 17/10/2019 passed by the learned Additional Sessions Judge, Churu, whereby he dismissed Criminal Appeal No. 46/2016 preferred by the accused appellants and affirmed the judgment of conviction and order of sentence dtd. 12/2/2015 passed by the learned Chief Judicial Magistrate, Churu in Criminal Case No. 878/2011, whereby they were convicted for the offences under Ss. 341, 323/34, 324/34 and 325/34 of the IPC, however, instead of sending them to jail, they were granted the benefit of probation under Sec. 4 of the Probation of Offenders Act and it was directed that they shall remain on probation for a period of two years subject to furnishing a personal bond of Rs.10,000.00 and a surety in the like amount and further under Sec. 5 of the Probation of Offenders Act, each of the accused appellant was directed to deposit a sum of Rs.25,000.00 (in total Rs.75,000.00) to be disbursed to the complainant as compensation.

(2.) Succinctly stating facts of the case are that on 26/1/2009 at 5.15 p.m., complainant Omprakash submitted a written report (Ex.P/1) at the Police Station Bhaleri, District Churu to the effect that he had gone to one Ram Singh's house and was returning home at about 7.30 p.m. At that time, accused appellants Mohan Lal, Sahi Ram and Mukh Ram attacked him from behind with Lathi and Farsi and caused injuries to him at his right hand and other parts of the body, due to which, he fell down. Hearing his hue and cry, his mother Gayana and daughter Triveni came there to rescue him. His son and neighbours came there, upon which the accused persons fled away. It was alleged that accused appellants were having grudge against him due to some litigation and that was the reason for the attack.

(3.) On the basis of this written report, FIR No. 7/2009 for the offences under Ss. 341, 323 and 307 of the IPC was registered at the Police Station Bhaleri, District Churu. After usual investigation, a charge-sheet came to be filed against the appellants for the offences punishable under Ss. 341, 323, 324, 325, 307 and 201 of the IPC in the Court of the learned Judicial Magistrate, First Class, Sardarshahar. Since the offence under Sec. 307 is exclusively triable by Sessions Court, the case was committed to the Sessions Judge, Churu. The learned Sessions Court discharged the appellants from the offence under Sec. 307 IPC and the case was transferred back to the Magistrate Court for trial. The learned Trial Court framed charges against the accused for the offences under Ss. 341, 323, 324 and 325 read with Sec. 34 IPC, to which they pleaded not guilty and claimed trial. The prosecution to prove its case examined 12 witnesses and exhibited 25 documents. Upon being questioned under Sec. 313 Cr.P.C and when confronted with the prosecution allegations, the accused denied the same and claimed that they did not commit the offence. No witnesses were examined in defence, however, 3 documents were exhibited.