KANHAIYA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This appeal has been filed by the appellants against the judgment and order dated 5.12.2003 passed by Special Judge, SC/ST (Prevention of Atrocities) Cases and Addl. Sessions Judge, Sawai Madhopur in Sessions Case No. 42/2003 (30/2003), whereby he has acquitted the accused persons for the offence under Section 308/34 IPC, but convicted the accused persons for the offence under Section 452, 323 IPC and also convicted the accused Kanhaiya for the offence under Section 325 IPC and accused Satya Narain for the offence under Section 325@34 IPC and sentenced them as under :

(2.) Brief facts of the case are that on 20.8.2002, the complainant submitted a written report at Police Station, Bonli. On the basis of said report, an FIR No. 132/2002 was registered at Police Station, Bonli for the offence under Sections 143, 452, 323, 308 IPC and investigation was commenced. After completion of investigation, the police filed the challan against the accused persons for the offence under Sections 452, 323, 308 and 325/34 IPC in the court of Magistrate, who committed the case to the Court of Sessions from where the case was transferred to the trial court for trial. The Trial court framed charges against the accused Kanhaiya for the offence under Sections 452, 308/34. 325, 323 IPC and against accused Satya Narain for the offence under Sections 452, 308, 325/34 and 323 IPC, who denied for the same and claimed for trial. The prosecution produced its witnesses and got exhibited some documents. Thereafter the statements of accused persons were recorded under Section 313 Cr.RC. After hearing both the sides, the learned trial court vide his judgment and order dated 5.12.2003 convicted and sentenced the accused persons as indicated here-in-above.

(3.) Against the said judgment of the trial court this has been filed by the accused persons.