GENDMAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Instant revision petition under Sec. 397/401 Cr.P.C. has been filed by the petitioners challenging the judgment dtd. 12/12/2015 passed by learned Sessions Judge and Special Judge, SC/ST (Prevention of Atrocities) Cases, Pratapgarh (hereinafter referred to as Rs..00.00the Appellate Court') in Criminal Appeal No. 55/2013 by which the Appellate Court dismissed the appeal of the petitioners and upheld the judgment dtd. 10/7/2012 passed by the learned Additional Chief Judicial Magistrate, Dhariyawad (hereinafter referred to as Rs..00.00the Trial Court') in Regular Criminal Case No. 119/2008, whereby, the learned Trial Court convicted and sentenced the present petitioners as under: Offence under Sec. 332 IPC : One year's S.I. and a fine of Rs..00.00 200/-, in default of payment of fine, to further undergo five days' S.I. Offence under Sec. 353 IPC : Six months' S.I. and a fine of Rs..00.00 100/-, in default of payment of fine, to further undergo three days' S.I. Both the sentences were ordered to run concurrently.

(2.) Brief facts of the case are that on 13/1/2008, complainant Ramesh Chandra submitted a written report before Police Station Parsola to the effect that on instructions of SHO, he along with constable Manohar Singh went on beat duty at Dhanera, where he received information regarding illicit liquor being sold by the petitioner Gendmal. On receiving such information, the complainant went to the premises of Gendmal for conducting search, where the accused-petitioners gave beating to the complainant. On this report, the police registered the case against accused-petitioner for offences under Ss. 332, 353 IPC and started investigation.

(3.) On completion of investigation, the police filed challan against the accused petitioners. Thereafter, the charges of the case were framed against the accused petitioners, who denied the charges and claimed trial.