ISHWAR SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) By filing instant criminal revision under Sec. 397 read with Sec. 401 Cr.P.C., the complainant petitioner has challenged the judgment dtd. 16/3/2019 passed by the Court of learned Addl. Sessions Judge, Khetri, Rajasthan (for short Rs.the learned Appellate Court') in Criminal Regular Appeal No. 14/2019 (Ishwar Singh Vs. State & Anr.), whereby the learned Appellate Court while partly allowing the criminal appeal filed by him maintained the judgment of conviction but modified the sentence dtd. 4/1/2019 awarded by the Court of learned Judicial Magistrate, Buhana, District Jhunjhunu (for short Rs.the Trial Court') in Regular Criminal Case No. 722/2014 (State Vs. Ashok), by which the learned Trial Court while convicting the accused respondent, granted him the benefit of probation under Sec. 4 of the Probation of Offenders Act. The learned Appellate Court in its judgment directed the accused respondent to make payment of compensation of Rs. 20,000/- to the complainant petitioner.

(2.) The facts in brief of the matter are that the complainant petitioner submitted a written report (Ex.P1) to the SHO, Police Station Pacherikalan, District Jhunjhunu to this effect that on 15/6/2014 at 3.00 PM he was sitting near old Dharamshala in the village and nearby few persons were playing cards. In the meantime, the accused came on a motor-cycle and threw a stone which hit to him. He called his son and who brought him to the hospital. On the basis of aforesaid written report (Ex.P1), an FIR No. 61/2014 was registered for the offences under Ss. 323, 341 and 325 IPC.

(3.) That after investigation, charge-sheet was submitted in the Court concerned. After taking cognizance, the learned Trial Court framed the charges against the accused respondent, who pleaded not guilty and claimed to be tried. The prosecution to prove its case examined seven witnesses and got exhibited 8 documents.