OMPRAKASH AND ANR. Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This criminal revision petition has been filed by the accused-petitioners under Section 397/401 Cr.P.C. against the judgment and order dated 19.11.1998 passed by the Additional Sessions Judge No.1, Sri Ganganagar (for short "the appellate court") in Criminal Appeal No.25/1997 whereby the learned appellate Court has allowed the appeal filed by the State and set aside the judgment and order dated 13.11.1996 passed by the Civil Judge (J.D.)-cum-Judicial Magistrate, First Class, Sadulshahar (for short "the trial court") in Criminal Case No.377/1995 whereby the learned trial court while convicting the accused-petitioners for offences under Sections 452, 323, 325 I.P.C., had given the benefit of probation. The learned appellate court has reversed the order of the trial court and convicted the accused-petitioners and sentenced them as stated below: <FRM>JUDGEMENT_121_LAWS(RAJ)6_2016_1.html</FRM>

(2.) Briefly stated the facts of the case are that on 09.11.1995 the complainant Lalchand lodged an FIR at Police Station Sadulshahar alleging therein that in the evening at about 9 O'clock, when he was sleeping in his house, Shankerlal and Omprakash entered in the house armed with Lathi and Gandasi and inflicted injuries to him and his wife. On the basis of the said complaint, the Police registered the FIR against the accused-petitioners for offences under Sections 452, 323, 324 I.P.C. and commenced investigation.

(3.) After necessary investigation, the Police filed challan against the accused-petitioners for offences under Sections 452, 325, 324, 323 I.P.C. The trial court after hearing learned counsel for the parties and on the basis of the materials on record framed charges against the accused-petitioners for offences under Sections 452, 323, 325 I.P.C. They pleaded guilty and claimed to be tried. The prosecution examined as many as 9 witnesses. Thereafter the statements of the accused-petitioners were under Section 313 Cr.P.C. In defence, one witness was examined.