GANGA RAM AND ANR. Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Since these two criminal revision petitions under section 397 r/w. section 401 Crimial P.C. are directed against the common judgment and order dated 17.3.2006 passed by the learned Additional Sessions Judge No. 2, Bharatpur in Criminal Appeal No. 38/2005, they have been heard together and are being disposed of by this common order.

(2.) These petitions are directed against the impugned-judgment and order dated 17.3.2006 passed by the learned Additional Sessions Judge No. 2, Bharatpur in Criminal Appeal No. 38/2005 vide which the appeal has been partly allowed and while upholding the conviction of the accused-petitioners as recorded by the trial court vide its impugned-order dated 6.12.2003 set-aside the sentence imposed upon them by the trial court and instead granted them benefit of probation under Sec. 4 of the Probation of Offenders Act, '' 958 (hereinafter referred as "Act of 1958") and further directed under Sec. 5 of the Act of 1958 to pay Rs. 3000.00 each as compensation to the injured persons.

(3.) Briefly stated, the facts are that a written report came to be lodged by complainant Vijay Singh at P.S. Sumer on 27.12.1999 to the effect that at about 9.00 a.m. on that day he along with his sons Sunder and Prem were irrigating their fields from the tubewell. The complainant was spreading fertiliser. The accused-petitioners came together duly armed with deadly weapons and caused injuries to them by pharsa, ballam and lathi with the common object of murdering them. Accused-petitioner Ganga Ram caused injury on the head of Prem Singh with Pharsa. Accused-petitioner Babli gave pharsa blow on Sunder. Sons of Girraj gave lathi blows to his son and accused-petitioner Devi Singh gave a lathi blow to Vijay Singh on his right thumb. Accused-petitioner gave a ballam blow on his left hand. Others also gave beatings to them. Accused-petitioner Babli took Rs. 10,000.00 from the pocket of his son Sunder which he had brought from Surota for depositing the installments of the tractor loan. On the basis of the said report, F.I.R. No. 616/1999 for offences under Sections 147, 323, 341 and 379 Penal Code was got registered. After investigation, charge-sheet was filed against the petitioners for offences under Sections 147, 148, 149, 323, 324 and 325 I.P.C.