HEERACHAND AND JAYANTILAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS revision petition Under Section 439 of the Code of Criminal Procedure, is directed against the judgment of the learned Sessions Judge, Pali, dated September 20, 1973, passed in Criminal Appeal No. 56 of 1972, whereby he held the petitioners guilty Under Section 323 I.P.C. and released them after due admonition.

(2.) THE charge against the accused -petitioners was that they, on May 24, 1968, at about 8 a.m, in pursuance of the common object of the unlawful assembly, consisting of the 5 accused persons, they entered in the house of Magraj and committed the offence of rioting, which was punishable under Section 147 I.P.C. The second charge against both the petitioners was that on May 24, 1968, at abo it 8 a m., they having in pursuance of common object of unlawful assembly prepared themselves for giving beating to Magh Raj, entered into the house of Magh Raj and thus committed offence which was punishable Under Section 452 I.P.C. The learned Magistrate convicted the two petitioners besides three mire persons Under Sections 147 and 452 I.P.C. The accused persons, being aggrieved by the order of the learned Magistrate, went before the learned Sessions Judge by way of appeal. The learnt Sessions Judge partly allowed the appeal. He, by his judgment under appeal, acquitted all the accused persons under offences Under Sections 147 and 452 I.P.C. He, however convicted Heera Chand and Jay and Lal, the petitioners before me, Under Section 323 I.P.C for administering beating to Chhagan Lal in the morning of May 24, 1968. He, instead of passing any such substantive sentence, let them off by administering due admonition. It is against this judgment of the learned Sessions Judge, the petitioners have come by way of revision before this Court.

(3.) IN the result, the revision petition is accepted, the order of conviction passed by the learned Sessions Judge Under Section 323 I.P.C. against the petitioners is set aside and they are acquitted of the offence Under Section 323 I.P.C.