MADAN LAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The petitioners herein were convicted and sentenced by the learned Judicial Magistrate, Loonkaransar vide judgment dtd. 23/9/1998 passed in Criminal Regular Case No. 172/1991 in the following manner :-

(2.) Bereft of elaborate details, facts relevant and essential for disposal of the instant criminal revision are that on 17/6/1991, complainant Jetha Ram submitted an oral information at the Police Station Mahajan to the effect that he had gone to Mahaveer for getting repaired his cot and while he was returning, Madan, Surja Ram etc. came armed with lathis and accosted him. Madan gave him lathi blow on head and assaulted with kicks and fists. On the basis of the aforesaid report, FIR No. 47/1991 was registered and after usual investigation, a charge-sheet was filed against the present petitioners for the offences under Ss. 341, 323 and 325 of the IPC.

(3.) The Learned Magistrate framed charges against the petitioners for the above offences and upon denial of guilt by them, commenced the trial. During the course of trial, the prosecution in order to prove the offences, examined as many as 8 witnesses and exhibited various documents. The accused, upon being confronted with the prosecution allegations, in their statements under Sec. 313 Cr.P.C., denied the allegations and claimed to be innocent. Then, after hearing the learned Public Prosecutor and the learned Defence Counsel and upon meticulous appreciation of the evidence, learned Trial Court convicted and sentenced the petitioners for offences under Ss. 341, 323 and 325 of the IPC vide judgment dtd. 23/9/1998. Being aggrieved of the aforesaid judgment, they preferred an appeal, which was partly allowed by the learned Appellate Court vide judgment dtd. 3/12/2001, whereby while affirming the judgment of conviction passed by the Trial Court, the sentence for the offence under Sec. 325 of the IPC was reduced. Hence, this revision petition is filed before this Court.