PURKHARAM JAT Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The instant criminal appeals have been filed by the accused appellants namely Purkharam and Jaggaram @ Jagdish Under Sections 323, 325, 447 of IPC against the judgment dated 11.05.2017 passed by the Special Court SC/ST Prevention of Atrocities Act, Cases Jodhpur in Sessions Case No. 27/2009 NCV No. 257/2014 by which the Court convicted the accused-appellants for offences under Sections 323, 325, 447 of IPC and passed the following sentence:-

(2.) The brief facts of the case are that complainant Jogaram (PW/7) filed a report at the police station Dechu alleging that on 03.03.2009 in the night at about 11:00 PM, he was sleeping in his house. His mother and sister both resided nearby his house. At that time, Laduram, Purkharam and Jagdish entered his mother's house and they used abusive language. They were having lathis and started beating his mother and sister. At their shout, Jogaram reached there and intervened, then all the accused gave fist blows to him. They threatened the mother and sister, saying that she should vacate the house otherwise they will kill them. Thus the accused persons entered the house of his mother and caused grievous injury to his mother as well as sister.

(3.) On the said report, the Police registered a formal FIR No. 29/2009 (Ex.P/15) for offence under Sections 323, 325, 447 of IPC and started the investigation. After usual investigation, the police filed charge sheet against the accused-appellants as well as one more accused Laduram before the Court of Judicial Magistrate Balesar, Jodhpur for offences punishable under Sections 460, 323, 325/34 IPC and 3 (1) (v), 3(i) (x), 3(2)(V) SC/ST (Prevention of Atrocities) Act [hereinafter referred to as 'SC/ST Act']. Later on, the case was transferred in the Court of Special Court SC/ST (Prevention of Atrocities Act) Cases Jodhpur where the charges were framed against the accused appellants for offence under Sections 460, 323, 325 IPC and 3 (1) (x) 3 (2) (v) of SC/ST Act but the accused appellants denied the charges and pleaded for trial.