JIYARAM Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Instant revision petition under Sec. 397/401 Cr.P.C. has been filed by the petitioners challenging the judgment dtd. 22/6/1998 passed by learned Additional Sessions Judge No. 1, Jodhpur (hereinafter referred to as 'the appellate court') in Criminal Appeal No. 4/1997 by which the appellate court dismissed the appeal of the petitioners and upheld the judgment dtd. 19/4/1997 passed by the learned Civil Judge (Jr. Div.) and Judicial Magistrate, Bilara (hereinafter referred to as 'the trial court') in Criminal Case No. 69/1995 whereby, the learned trial court convicted and sentenced the present petitioners as under:

(2.) Brief facts of the case are that on 24/12/1994 a written report was submitted by the complainant Polaram to the Police to the effect that in the evening at about 6 PM when he was returning from his agriculture field along with his cattle, during the way he met with the accused-petitioners and made complaint to them about the spoilage made by their cattle. On such complaint, the accused-petitioner became annoyed and angry and started beating with the complainant, consequent to which the complainant sustained grievous injuries on his body. On raising hue and cry by the complainant, other persons came their and saved the complainant from the accused-petitioners.

(3.) On this complaint, the police registered the case against the accused-petitioners for offences under Ss. 341, 323 IPC and started investigation. After investigation, the police filed challan against the present accused-petitioners for offence under Ss. 341, 323, 326/34 IPC. Thereafter, the charges of the case were framed against the accused-petitioner No. 1 for offence under Ss. 341, 326, 324/34 IPC and accused-petitioner No. 2 for offence under Ss. 341, 323, 326/34 IPC. They denied the charges and claimed trial.