PRITHVI RAM Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Instant revision petitions under Sec. 397/401 Cr.P.C. have been filed by the petitioners challenging the judgment dtd. 30/4/2008 passed by learned Additional Session Judge No. 2, Sriganganagar, (hereinafter referred to as 'the Appellate Court') in Criminal Appeal Nos. 18/2005, 19/2005, 20/2005 and 21/2005 by which the Appellate Court dismissed the appeal of the petitioner and upheld the judgment dtd. 12/8/2005 passed by the learned Judicial Magistrate First Class, Sriganganagar (hereinafter referred to as 'the Trial Court') in Criminal Case No. 215/1999, whereby, the learned Trial Court convicted and sentenced the present petitioners as under:-

(2.) Brief facts of the case are that on 26/5/1997, complainant Jailal gave a Parcha Bayan at concerned Police Station to the effect that in the mid-night while he was asleep, accused Daulatram, Bhadarram, Kashiram, Prithviram, Shishpal, Mukhram, Maniram and Jeetram came to his house and pelted the stones at his house and also gave beating to him. Thereafter his brother came to rescue him then all the accused persons fled away. On this report, the police registered the case against accused-petitioners for offence under Ss. 148, 452 and 323/149 IPC and started investigation.

(3.) On completion of investigation, the police filed challan against the accused-petitioners. Thereafter, the charges of the case were framed against the accused-petitioners, who denied the charges and claimed for trial.