STATE Vs. REHMAN KHAN

JUDGEMENT

(1.) THE State of Rajasthan has preferred this appeal against the judgment dated 22. 8. 1998 passed by learned Addl. Distt. & Sessions Judge No. 2, Alwar (Raj.) (hereinafter to be referred as `the learned trial Court') in Sessions Case No. 18/97 by which he acquitted the accused-respondent Aasin for the offence under Sections 307 readwith Section 34 & 323 IPC and also acquitted accused-respondent Rehman for the offence under Section 307 readwith Section 34 IPC but convicted him for the offence under Section 323 IPC and released him on probation by giving him benefit of Section 4 of Probation of Offenders Act 1958 but imposed a prosecution expenses of Rs. 1000/- to be deposited in the Court which should be given to injured Sorab's mother Smt. Mena in the form of compensation.

(2.) IN brief, the facts of the case are as under:- On 13. 5. 1997 complainant Sumsuddin (PW. 3) submitted a written report (Ex. P. 5) in P. S. Ramgarh, Alwar with this effect that on 12. 5. 1997 at about 8-9 A. M. he was in his house then accused- respondents armed with Lathi & Sariya and started abusing language and they caught his son Sorab (PW. 4) and they started beating to him. When his son cried then the complainant went to escape him then accused-respondents also gave beating to him. He further stated in his report that his son's conditions is very critical and he was admitted in Alwar Hospital.

(3.) AFTER conclusion of the trial the learned trial Court vide its judgment dated 22. 8. 1998 acquitted the accused respondent Aasin from the offence under Sections 307 readwith Section 34 IPC and 323 IPC, but convicted the accused-respondent Rehman for the offence under Section 323 IPC as indicated hereinabove.