HARI BAKSH Vs. PRITHVI SINGH

JUDGEMENT

(1.) Present revision petition under Section 397 read with Section 401 Cr.P.C. has been filed by the complainant-petitioner to assail the judgment dated 14th March, 2001 rendered by the lower appellate Court whereby the Court of Additional Sessions Judge, No.2, Sikar acquitted accused-respondent No.1 Prithvi Singh of offence under Section 326 read with Section 34 IPC and held him guilty of offences under Section 323 and 447 IPC and released him on probation at the same time, having maintained conviction of Bhanwar Singh under Section 326 IPC, released him on probation too.

(2.) Counsel for the petitioner has submitted that a grave error was committed by the Additional Sessions Judge, No.2, Sikar while maintaining conviction of accused-respondent No.2 Bhawani Singh under Section 326 IPC to release him on probation, as same is not permissible.

(3.) Briefly stated accused respondent No.1 Prithvi Singh and accused-respondent No.2 Bhawani Singh were tried by the Court of Additional Chief Judicial magistrate, Sikar on the complaint lodged by the petitioner-complainant. Hari Baksh complainant alleged that on 16th November, 1988 at about 2.45 P.M. accused-respondents Prithvi Singh and Bhawani Singh along with Ummed Singh and Amar Singh attacked him. Bhawani Singh by teeth bite chopped off ear of complainant Hari Baksh.