MODA RAM Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The appellant has filed the present criminal appeal being aggrieved by the judgment dt. 16/1/2021 passed by the learned Special Judge, SC/ST (Prevention of Atrocities) Act Cases, Sirohi in Appeal No. 50/2020 whereby, while partly allowing the appeal, upheld the conviction for offence under Ss. 341, 323, 325/34 IPC passed by Additional Chief Judicial Magistrate, Sheoganj dtd. 20/12/2018 but granted the benefit of probation under Sec. 4 of Probation of Offenders Act.

(2.) Briefly, the facts of the case are that on 1/10/2012, the complainant submitted a written report before the SHO, Police Station, Sheoganj stating therein that on 30/9/2012 at about 7 PM, when his brother Modaram i.e. complainant alongwith his daughters was returning home, upon reaching the field of Chopa Ram, the accused persons attacked him with axe, lathis and dhariya causing grievous injuries and fractures.

(3.) On this report, the FIR was registered and the police started investigation. After investigation, the police filed challan against the respondents. Thereafter, charges were framed against the respondents for offence under Ss. 341, 323, 325/34 IPC. The prosecution in support of its case examined seventeen witnesses and various documents were exhibited. The statement of accused under Sec. 313 Cr.P.C. were recorded but no witness was examined on defence side.