WAZIR MOHD. AND ORS. Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This criminal revision petition has been filed by the petitioner against the judgment dated 11.06.2003 passed by Additional Sessions Judge No.1, Chittorgarh (for short 'the appellate court' hereinafter) in Cr. Appeal No.7/2001, whereby the appellate court has dismissed the said appeal and affirmed the order dated 22.01.2001 passed by Chief Judicial Magistrate, Chittorgarh (for short 'the trial court' hereinafter) in Cr. Case No.245/1993 (116/88), whereby the trial court has convicted and sentenced the accused-petitioners as under :

(2.) Briefly stated facts, necessary for disposal of this revision petition, are that on 08.9.1988, PW.4 Karan Singh submitted a report at Police Station, Shambhupura, stating therein that on that day at about 2:00 P.M., Aziz Mohd. along with his three sons viz. Wazir Mohd., Sher Mohd. and Safi Mohd. and 5-6 persons came to his field having weapons with intent to take possession of his land forcibly. It is stated that Devi Singh, Karan Singh and Amar Singh are in possession of the said land from last more than 30 years and for the same land, a suit has been filed by Aziz Mohd. All the assailants, who were armed with guns and 'Dharias' had assaulted Natwar Sing with the intention to kill him, after receiving injuries, Natwar Singh shrieked and upon hearing his cries, Tej Singh, who was at Bhandaria Well, rushed to him, however, he was assaulted by the assailants. The assailants also assaulted Devi Singh and wife of Tej Singh. The complainant also stated that when he rushed to the scene of occurrence, all the assailants fled away. It is also stated that all the injured persons were sent to the Chittorgarh Hospital.

(3.) After receiving the aforesaid report, FIR No.50/1988 was registered at Police Station, Shambhupura for the offences punishable under sections 147, 148, 149, 447, 323, 324, IPC. The investigation was commenced. After completion of investigation, the police had filed the charge-sheet against the accused-petitioners before the trial court and the trial court framed the charges against them for the offences punishable under Sections 326, 324, 323, 447 I.P.C. The accused-petitioners denied the charges and claimed trial.