BAKSHI RAM & ORS. Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) By way of instant petition the petitioner has challenged the order dated 11.11.2002 whereby the learned Additional Sessions Judge No. 1, Chittorgarh has confirmed the conviction of the petitioners for offence u/ss. 341, 323 Penal Code but instead of sentencing extended the benefit of the provisions of Probation of Offenders Act. The trial Court namely the Judicial Magistrate, Badi Sadri had convicted the petitioners for offence u/s. 323 Penal Code and sentenced to six months rigorous imprisonment. Each of the petitioners have been convicted for offence u/s. 341 and sentenced to one year simple imprisonment. I do not find any illegality as far as conviction of petitioners u/ss. 341 & 323 Penal Code is concerned. The statements of the witnesses find corroboration from the medical evidence. The. petitioners have also been given the benefit of Probation of Offenders Act. However, keeping in view the relation between the parties, it is considered expedient that the direction pertaining to award of compensation is set aside.

(2.) Consequently, the revision petition is partly allowed. The order of the Additional Sessions Judge, Chittorgarh dated 11.11.2002 is modified to the extent of setting aside the order of awarding payment of compensation to the complainant. Revision partly allowed.