MURALI DEVI Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS revision petition has been filed by petitioner Murlidevi wife of complainant, against the order dated April 22, 2006 of Judicial Magistrate Shahpura (Distt. Jaipur) in Criminal Case No. 243 of 2001 whereby accused respondents Richpal, Mahendra Kumar and Vikas were convicted under Sections 352 and 451 IPC but were given the benefit of Section 3 6f the Probation of Offenders Act. Accused respondents Mahendra Kumar and Vikas as they were students were further given the benefit of Section 12 of the Probation of Offenders Act. All the accused were acquitted of the charge under Section 323 IPC.

(2.) BRIEF facts of the case are that on June 26, 2001, Ramjilal husband of petitioner filed a complaint before the Police Station Manoharpur with the averments that near his Chabutara some sand was lying and when the accused respondents tried to carry the said sand the complainant obstructed them and then the accused respondents assaulted him and used the abusive language. The Police registered a case for offence under Sections 451 and 323 IPC. Thereafter challan was filed against the accused respondents and the trial Court framed charges against them and during the course of trial the prosecution produced 8 witnesses and exhibited three documents. The accused respondents were examined under Section 313 Cr.P.C. and produced evidence of two witnesses. After hearing both the parties, the trial Court convicted accused respondents Richpal, Mahendra Kumar and Vikas under Sections 352 and 451 IPC but were given the benefit of Section 3 of the Probation of Offenders Act. Accused respondents Mahendra Kumar and Vikas as they were students were further given the benefit of Section 12 of the Probation of Offenders Act. All the accused were acquitted of the charge under Section 323 IPC, Aggrieved against the order dated April 22, 2006, the petitioner filed the present revision petition.

(3.) THE learned Counsel for the accused respondents and the learned Public Prosecutor on the other hand opposed the submissions of learned Counsel for the petitioner and stated that the Court below after considering all the evidence, documents and record passed the order of acquittal and the accused respondents were released under Section 3 of the Probation of Offenders Act. There is no illegality or infirmity in the order passed by the Court below.