MAGNIRAM Vs. STATE

JUDGEMENT

(1.) The petitioners convicted by Court of Judicial Magistrate (First Class), Rashmi, District Chittorgarh in Criminal Regular Case No.36 of 1998 vide judgment dtd. 7/9/2001 and his conviction and sentence having been confirmed vide judgment dtd. 10/9/2002 by the appellate court of Additional Sessions Judge No.1 Chittorgarh in Criminal Appeal No.56 of 2002 punishable under Sec. 341, 323 read with 34 and 394 read with 34 of the Indian Penal Code, 1860 (for short "the IPC") has filed the present revision petition before this Court.

(2.) The facts as available on record are that a First Information Report (ExP-1) dtd. 10/1/1998 was registered by Complainant Ogar Singh (PW-1) at Police Station Rashmi, District Chittorgarh to the effect that on 8/1/1998, while returning after purchasing 2 Kgs. of fishes from Hafiz Khan at Arani Pond, complainant and his companion Bhagwat Singh were intercepted by Ganesh, Magniram and Radheyshyam near wall of the pond. They demanded the fishes, but complainant refused to hand it over. On this, Ganesh Jat snatched the fishes from complainant, all the three accused beat the complainant and his friend Bhagwat Singh with bamboo sticks. Rs.5,000.00 were also snatched from the pocket of pant of the complainant. Ganesh Jat also had a knife. Due to beating, both of them received many injuries. Hafiz Khan and Banshilal intervened and rescued them. Thereafter both of them returned to their village, but due to fever caused by beating they could not lodge FIR on time.

(3.) Charge-sheet was filed against all the three accused after completion of the investigation. Accused Ganesh died during the trial and accordingly the proceedings qua him stand abated.