RAM PRASAD Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) By this revision, the petitioner-convict is challenging the judgment and order dtd. 20/5/2022 passed by the learned Additional Sessions Judge cum Special Judge, SC/ST (Prevention of Atrocities) Act Cases, Pratapgarh whereby, the learned Judge dismissed the appeal filed by the petitioner and upheld the the conviction and sentence passed by learned Judicial Magistrate, Pratapgarh, as under:-

(2.) Briefly stated, the prosecution case as set up is that the complainant lodged a written report before the S.H. O Police Station Rathanjana stating therein that on 11/6/2011, when he was going to his agricultural field the accused persons assaulted him with axe, stones and lathi due to which he sustained injuries. On the basis of the above report, FIR No. 76/2011 was registered by the police for offence under Ss. 341, 323/34 IPC and the police started investigation. On completion of investigation, a charge-sheet was filed against the present petitioner and other accused persons. Thereafter, charges of the case were framed against the petitioner for offence under Ss. 341, 323, 324, 325, 326 read with 34 IPC. He denied the charges and claimed trial.

(3.) During the course of trial, the prosecution examined as many as ten witnesses and got exhibited various documents. After examining the accused petitioner under Sec. 313 Cr.P.C., opportunity was also given to him to lead defence evidence. In defence, the accused persons including the petitioner examined one witnesses and also exhibited one document Ex.D/1. After considering the testimonies of the prosecution witnesses and the material available on record, the trial court vide judgment dtd. 23/8/2016 convicted and sentenced the petitioner for offence under Sec. 314, 323, 324, 325/34 and 326 IPC as mentioned above.