SANJAY Vs. HARISH CHAND AND OTHERS

JUDGEMENT

(1.) Both the above revision petition and the appeal are being decided together as they arise out of the same judgment and order dated 23.8.2005 passed by the learned Additional District and Sessions Judge (Fast Track) No. 2, Bharatpur in Sessions Case No. 12/2003 whereby the accused non-petitioners have been convicted for the offences under Sections 147, 341 and 323/149 I.P.C. and instead of sentencing them, benefit of Section 4 (1) of the Probation of Offenders Act has been given.

(2.) Briefly stated, the facts for the disposal of the present matters are that on the basis of a written report dated 9.1.2001 submitted to the S.H.O., Police Station Chiksana at General Hospital, Bharatpur by the complainant, F.I.R. No. 9/2001 was registered for the offence under Sections 147, 149, 323, 341 and 307 I.P.C. After investigation charge-sheet was filed in the concerned Court on 15.11.2003 and charges were framed for the aforesaid offence against the accused Harish Chand, Sher Singh, Deputy Singh, Dalchand, Mahaveer, Dharam Singh. The accused denied the charges and claimed to be tried. The prosecution produced nine witnesses to prove its case and several documents were tendered in evidence. After close of the prosecution evidence in the statement recorded under Section 313 Cr.P.C., the accused denied the allegations and stated that they have been falsely implicated in the case. In defence DW-1 accused Harish Chand Yadav has examined himself as witness and produced 14 documents in evidence. The leaned trial Court finding that the accused has committed offence under Sections 147, 341 and 323/149 I.P.C. convicted the accused but instead of sentencing them to jail gave benefit of the provisions of the Probation of Offenders Act vide judgment dated 23.8.2005. Hence revision petition has been filed by the complainant for sentencing the accused-respondents and the accused have filed criminal appeal with the prayer to acquit them.

(3.) I have heard learned counsel for the parties and carefully perused the impugned judgment and the material available on record.