GHANSHYAM Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This revision petition has been filed by the complainant-petitioner against the judgment dated 3.6.2011 passed by Additional Sessions Judge (Fast Track), Sawai Madhopur in Cr. Appeal No. 26/2010 (75/2010), whereby appeal filed by the accused respondents no. 2 to 6 has been allowed and the judgment dated 5.8.2010 passed by Chief Judicial Magistrate, Sawai Madhopur, by which the accused respondents no. 2 to 6 have been convicted for the offence under Sections 148, 324, 324/149, 323/149, 336 IPC and benefit of probation under Section 4 of the Probation of Offenders Act had been granted to them, has been set-aside.

(2.) Brief facts of the case are that an FIR was lodged by the complainant against the accused respondent(s). After investigation, the police filed a challan against the accused respondents for the offence under Sections 143, 148, 149, 341, 323, 324, 336 and 308 IPC in the competent court. Thereafter the case was committed to the District Judge. The District Judge discharged the accused respondents for the offence under Section 308 IPC and the case was remitted to the Magistrate concerned for trial. Thereafter trial court framed charges against the accused respondent/s for the offence under Sections 148, 324, 324/149, 323/149, 336 IPC, who denied for the same and claimed for trial. The prosecution produced its witnesses and got exhibited some documents. Thereafter the statement of the accused respondent/s were recorded under Section 313 Cr.PC. After hearing both the sides, the learned trial court convicted the accused respondent/s vide for the aforesaid offences vide his impugned judgment dated 5.8.2010 and granted them the benefit of probation under Section 4 of the Probation of Offenders' Act and fine of Rs. 1000/- has also been imposed upon each of the accused respondent. Being aggrieved, the accused respondents filed an appeal in the court of District Judge, Sawai Madhopur, who vide judgment dated 3.6.2011 allowed the appeal and set-aside the judgment dated 5.8.2010 passed by Chief Judicial Magistrate and acquitted the accused respondents, as indicated here-in-above.

(3.) Against the said judgment, this Cr. Revision was preferred.