CHENA RAM Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Instant revision petition under Sec. 397/401 Cr.P.C. has been filed by the petitioners challenging the judgment dtd. 26/9/2002 passed by learned Additional Sessions Judge, Phalodi (hereinafter referred to as 'the appellate court') in Criminal Appeal No.01/2002 by which the appellate court dismissed the appeal of the petitioners and upheld the judgment dtd. 8/2/2002 passed by the learned Additional Chief Judicial Magistrate, Phalodi (hereinafter referred to as 'the trial court') in Criminal Case No.1289/1992, whereby, the learned trial court convicted and sentenced each of the present petitioners as under :

(2.) Brief facts of the case are that on 15/7/1992, complainant/injured Jivanram gave a parcha bayan at Primary Health Centre to SHO, PS Phalodi to the effect that when he was going to his house from Phalodi Bus Stand, on the way the accused petitioners came armed with knife and lathi and caused grievous injuries to the complainant. On this report, the police registered the case against the accused petitioners and started investigation. On completion of investigation, the police filed challan against the accused petitioners. Thereafter, the charges of the case were framed by the trial court against the accused petitioners, who denied the charges and claimed trial.

(3.) During the course of trial, the prosecution examined nine witnesses. Thereafter, statements of the accused petitioners under sec. 313 Cr.P.C were recorded.