DHANNA RAM AND ORS. Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This criminal revision petition has been filed under Section 397/401 Cr.P.C. against the judgment and order dated 23.07.2001 passed by Additional Sessions Judge No.2, Hanumangarh (for short "the appellate court") in Criminal Appeal No.87/1999 whereby the learned appellate Court dismissed the appeal filed by the accused-petitioners and upheld the conviction and sentence of the accused-petitioners recorded by the learned Judicial Magistrate First Class, Pilibanga (for short "the trial court") vide judgment and order 26.05.1999 passed in Criminal Case No.57/1997. By the said judgment, the learned trial Court convicted the accused-petitioners for offences under Sections 325/34, 457/34, 323/34, 336 I.P.C. The sentence awarded to accused-petitioners is as under:- <FRM>JUDGEMENT_124_LAWS(RAJ)6_2016_1.html</FRM>

(2.) As per the case set up by the prosecution, a case was initiated on the statement of one Anil Kumar in which he stated that on 04.11.1996 at about 7:30 p.m. he was in his house. In the lane, Devi Lal and his two sons and three more persons were abusing with filthy languages and they were armed with lathi, Kasia, Saria and bricks. Thereafter all the aforesaid persons came inside the house and caused injuries to the complainant and his wife. It was further alleged that the accused-petitioners were also taken away gold chain and Rs.1,500/- from his pocket.

(3.) On the said statement, the Police registered the FIR No.138/1996 for offences under sections 458, 336, 323, 382, 147, 148, 149 IPC against the accused-petitioners. After investigation, the police filed challan against the accused-petitioners for offences under Sections 452, 336, 323 I.P.C. Thereafter the trial court took cognizance against the accused-petitioners for offences under Sections 458, 336, 323/34 IPC.