FALGUN Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS revision petition arises out of the appellate order passed by the learned Sessions judge, Churu in Criminal Appeal No. 19 of 1982, decided on 18 -8 -1986 whereby the learned Sessions judge has acquitted the accused -petitioners Kamlesh, Sitaram, Akhlesh and Banshidher of the offences under Sections 147, 148, 447 and 325/149 IPC and the accused -petitioner Falgun of the offences under Sections 148, 447, 147 IPC. How ever he has convicted the accused -petitioner Kamlesh, Sitaram, Akhlesh and Banshidhar of the offence under Section 323 IPC and has ordered to release them on probation under Section 4(1) of the Probation of Offenders Act provided each of them furnishes a surety bond in the sum of Rs. 2500/ - that they shall maintain peace and be of good behaviour for a period of one year. He has further ordered that each of the accused -petitioners shall pay Rs. 100/ - as compensation to the injured -persons and shall further deposit Rs. 400/ - each as costs of the litigation in the Court.

(2.) THE facts necessary to be noticed for the disposal of this revision petition briefly stated are that Khasras No. 540 and 541 are situated in the town of Churu on its eastern side. It is alleged that Jaisiaram and Malaram Raigors are cultivating this land since Samvat Year 2011. It is further alleged that this land belonged to one Pooranmal Vyas. The petitioners are the relations of Shri Pooranmal Vyas and they got this land recorded in their favour in the revenue records and on the basis of that, they were trying to dispossess Jaisaram and Malaram from these two fields. It is alleged that on 22 -7 -1973, Jaisaram and Malaram cultivated this field and when on 23 -7 -1973 they went to cultivate this field, the accused -petitioners Falgun, Kamlesh, Sitaram, Akhlesh and Banshidhar came there, gave beating to Jaisaram and Malaram's wives and turned them out of the field. These two ladies went to their home and complained that they are not being allowed to cleanse the field and the accused -petitioners have forcibly turned them out of the field. A complaint was filed in the court of the learned Sub -Divisions Magistrate, Churu in which a temporary injunction was granted on 14 -8 -1973. It is further alleged that on 19 -8 -1973 Jaisaram, Malaram and their wives went to the field and when they tried to start weeding operation, the accused -petitioners gave beating to them and turned them out of the field and it was on account of this that this report was lodged on that very day in the noon.

(3.) AFTER usual investigation, the case against the accused -petitioners was challaned in the court of learned Chief Judicial Magistrate, Churu. The learned Chief Judicial Magistrate convicted the accused -petitioners Kamlesh, Sitaram, Falgun, Akhlesh and Banshidhar of the offences under Sections 147, 148, 323, 447, and 325/149 IPC and sentenced them to different sentences. On appeal, their conviction and sentences under Sections 147, 148, 447 IPC were set aside and the accused petitioners were convicted and sentenced as aforesaid. Hence this revision.