BHANA RAM Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This revision petition has been filed by the petitioner against the order dated 16.9.2003 passed by learned Additional Sessions Judge No. 2, Sikar in Criminal Appeal No. 29/2003 by which benefit of probation has been extended to the accused respondent who is a habitual offender and the dated 19.8.2002 of the Chief Judicial Magistrate, Sikar in Criminal Case No. 95/2000 has been modified by which the accused respondent was convicted for the offences under Sections 452, 325 and 323 I.P.C.

(2.) The brief facts of the case are that the complainant-petitioner lodged a report Ex.P-1 with Police Station Sadar, Sikar stating therein that on 7.9.1998 at about 7.30 AM in the morning he was sitting in his shop where Laxman, Jhabarmal, Ram Chander and Jhujha Ram came armed with deadly weapons in their hands and started beating him and committed theft of Rs. 3,000/- and Satpal, Mahavir and Parameshwari saved him.

(3.) Upon the said report, police registered the case and after investigation the police submitted charge sheet against the accused Jhujha Ram, Laxman Ram,Jhabarmal and Ram Chander and during the course of trial charges were framed against the accused persons under Sections 452, 323, 325 I.P.C., during the course of trial the prosecution examined as many as 8 witnesses and thereafter the statements of the accused respondent was recorded under Section 313 Cr. P.C. and after trial the trial Court vide its Judgment dated 19.8.2002 acquitted the accused Laxman Ram, Ram Chander and Jhabarmal from all the charges and convicted the accused respondent Jhunjha Ram for the offences under Sections 425 (sic 452), 323 and 325 I.P.C. Against the said the accused respondent preferred an appeal before the Court of learned Additional Sessions Judge No. 2 Sikar who vide its judgment dated 16.9.2003 extended the benefit of probation to the accused respondent.