KANHAIYALAL @ KANHA Vs. LAXMAN & ORS.

JUDGEMENT

(1.) The instant cr. revision petition has been filed by the complainant-petitioner Kanhaiyalal @ Kana under Sec. 397 read with Sec. 401 Crimial P.C. read with Sec. 11 of the Probation of Offenders Act, 1958 against the judgment dated 21.6.2014 passed by the learned Addl. District Judge No.2, Bhilwara in Cr. Case No.39/2013 (17/2013) whereby the learned trial court allowed the appeal and discharged the accused-respondents under Sec. 326 of Penal Code and also maintained the conviction for offence under Sections 324, 323 and 341 Penal Code and while doing so, gave benefit under Sec. 4 and 5 of the Probation of Offenders Act while imposing condition to furnish bail bonds and surety bonds for 3 years and passed order for compensation to the tune of Rs.12,000.00 and Rs.10,000.00 and further ordered that after completion of limitation of appeal Rs.10,000.00 may be paid to the injured complainant Kanhaiyalal as compensation.

(2.) The learned counsel for the petitioners submits that finding given by the learned trial court with regard to not committing offence under Sec. 326 Penal Code by the respondents is totally erroneous because there is medical evidence on record to prove the fact that injury was inflicted by sharp edged weapon which was grievous in nature. Therefore, it is submitted that the finding given by the learned trial court with regard to acquittal from offence under Sec. 325 Penal Code may be quashed and compensation awarded to the complainant may kindly be enhanced.

(3.) After hearing the learned counsel for the petitioner I am of the view that although the injury no.1 mentioned in the injury report Ex.P/11 was inflicted by share edged weapon but whether the said injury was grievous or not, neither the evidence of Radiologist was recorded nor X-ray report and X-ray Plates were produced and got proved from the Radiologist. In my opinion, the said finding given by the appellate court does not require any interference. Likewise the learned trial court has rightly granted benefit of probation and passed an order of compensation of Rs.12,000.00 out of which Rs.10,000.00 compensation to the petitioner. There is no evidence on record with regard to registration of case in past or of granting benefit of probation to the respondents.