DEBU @ DEBI LAL Vs. THE STATE OF RAJASTHAN

JUDGEMENT

(1.) Accused-petitioner has preferred this revision petition under Section 397/401 Cr.P.C. to assail impugned judgment dated 21.04.2015, passed Special Judge, SC/ST (Prevention of Atrocities) Cases, Bhilwara (for short, 'learned appellate Court'), whereby learned appellate Court, while rejecting the appeal preferred by petitioner, affirmed judgment dated 18.02.2014, passed by Judicial Magistrate, First Class No.3, Bhilwara (for short, 'learned trial Court). The learned trial Court, vide judgment dated 18.02.2014, convicted the accused-petitioner for offence under Sections 458 and 380 IPC and sentenced him as under:- <FRM>JUDGEMENT_161_LAWS(RAJ)5_2018_1.html</FRM>

(2.) In brief, facts of the case are that on 15.07.2000, a written report was submitted by complainant Girdhari Gadri before Police Station Pratapnagar, Bhilwara, alleging, inter alia, that in the night at about 1.30 a.m., he woke up hearing shoutings of his daughter-in-law and saw two persons running towards the terrace of house. He tried to chase them but could and they fled away. He found blood oozing out from left hand of his daughter-in-law, who on his asking told that two persons came inside the house and one of them took out her nose ring and when her Ramnavmi was being cut by knife, she raised her hand and got a knife cut on it. On the basis of report, FIR No.315/2000 came to be registered for offence under Sections 458 and 380 IPC. After investigation, police filed charge-sheet against petitioner and co-accused Kailash. The learned trial Court took cognizance and framed charges against petitioner and co-accused Kailash for the said offence and on denial, put them to trial.

(3.) In order to prove charge against accused persons, prosecution examined ten witnesses and exhibited fourteen documents vide Ex.P.1 to Ex.P.14. Subsequently, statements of accused persons were recorded under Section 313 Cr.P.C., 1973 Learned trial Court, then, proceeded to hear final arguments and after appreciation of evidence and material available on record by its verdict dated 18.02.2014 convicted and sentenced the petitioner as aforesaid.