SUNDER LAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This revision petition has been filed by petitioners Sunder Lal and Smt. Gulab Devi, against the order dated 9.12.2002 of Addl. Sessions Judge No. 2 Sikar Camp Sri Madhopur in Sessions Case No. 9/2000 wherein accused petitioners were acquitted for offence under Section 336 I.P.C. but convicted for offence under Sections 341, 232 (sic 323), 326 and 325/34 I.P.C. and the order passed by Judicial Magistrate Sri Madhopur in Criminal Case No. 91/1997 was upheld and fine of Rs. 5,000 each was imposed on the petitioners and benefit of probation was given to them.

(2.) Brief facts of the case are that on 15.2.1997, the complainant Udai Bhan submitted a written report in Police Station Sri Madhopur, Distt, Sikar wherein it was stated that the complainant was beaten up by the petitioners and their children at 7.45 A.M. that very day. On the basis of the said written report, the Police registered F.I.R. No. 28/1997. After investigation the police filed challan against all the accused petitioners for offence under Sections 341, 323 and 325/34. In order to prove the case the prosecution examined 7 witnesses and exhibited 5 documents. In defence the accused-petitioners examined Prem Prakash as DW-1. Judicial Magistrate Sri Madhopur vide his judgment dated 8.6.2000 convicted the petitioners for offence under Sections 341, 323, 336, 325/34 I.P.C. The petitioners filed appeal before the Addl. Sessions Judge, who vide judgment dated 9.12.2002 acquitted the petitioners for offence under Section 336 I.P.C. but upheld the conviction of the petitioners for offence under Sections 341, 323 and 324/34 I.P.C. and imposed fine of Rs. 5,000/- each and gave the benefit of probation to the petitioners.

(3.) The learned counsel for the petitioners argued that the Courts below have ignored the cardinal principle of criminal jurisprudence that it is the foremost duty of the criminal Court to ensure that no improvement is made in the case by the prosecution. The Courts below proceeded with a pre-determined mind to convict the accused petitioners as it evident from the fact that even the major contradictions were ignored. The witnesses relied upon by the prosecution were all tutored witnesses and their testimony should have been ignored by the Court below.