CHANGEJ KHAN @ JUNED KHAN Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This criminal appeal under Sec. 374(2) Cr.RC. is directed against the judgment and order dated 4.1.2003 passed by Additional Sessions Judge (Fast Track) No. 1, Banswara, (for short "the trial court" hereinafter) in Sessions Case No. 111/2002, whereby the trial court acquitted the accused respondent for the offences under Sections 323, 307 IPC, however, the accused respondent was found guilty for the offence punishable under Sec. 325 Penal Code and accordingly he was convicted. Instead of passing the sentence of imprisonment the trial court extended the benefit of Sec. 4 of the Probation of Offenders Act, 1958 and directed the respondent to file the bail bonds in a sum of Rs. 10,000.00 for maintaining peace, tranquillity and good behaviour for a period of six months. The trial court also awarded compensation of Rs. 5,000.00 under Sec. 5(1)(A) of the Probation of Offenders Act in favour of injured complainant. Aggrieved by the judgment and order of the trial court the appellant has filed the instant appeal.

(2.) I have heard the learned counsel for the appellant and the learned Public Prosecutor for the State. Perused the judgment and order impugned as also carefully scanned and scrutinised the evidence on record.

(3.) On 24.2.2001 PW-1 Anil Kumar Vyas lodged FIR Ex.P/1 with the police station Kotwali, Banswara alleging therein that he was assaulted by 5-6 persons near Custom Chauraha, Banswara. In the FIR it is stated that the complainant does not know the names and addresses of the assailants. Police after investigation laid the chalian against the accused respondent for the offences under Sections 323, 325, 307 IPC. The respondent was put to trial. Prosecution examined PW-1 Anil Kumar Vyas, PW-2 Chandresh Vyas, PW-3 Rajenosa Prasad Joshi, PW-4 Rajendra Joshi, PW-5 Mukesh Joshi, PW-6 Dr. Om Prakash Upadhyay, PW-7 Dr. B.S. Shekhawat, PW-8 Bhanwar Singh, Investigating Officer and produced documents Ex.P/1 to Ex.P/6. The accused made statement under Sec. 313 Cr.PC. and denied the occurrence. On appreciation of evidence the trial court came to the conclusion that the prosecution has failed to prove the case against the accused appellant for the offences under Sections 323 and 307 IPC. However, the accused respondent was found guilty for the offence under Sec. 325 Penal Code and was convicted as noticed above.