AMBILAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Instant revision petition has been filed by the petitioner against the judgment and order dt. 4/8/2016 passed by the Additional Sessions Judge, Parbatsar, District Nagaur by which the learned Judge partly allowed the appeal of the petitioner and upheld the judgment and order dt. 11/1/2016 passed by the learned trial Court to the extent of granting the benefit of Sec. 4(1) of Probation of Offenders Act. Learned Appellate Court set aside the judgment to the extent of directing the accused- respondents to deposit Rs.1,250.00 each as prosecution expenses under Sec. 5 of Probation of Offenders Act and instead thereof, directed the accused-respondents to deposit Rs.5,000.00 each as compensation for disbursement of the same to the injured. The learned trial Court by the judgment dt. 11/1/2016 convicted the accused-respondent Nos.2 and 3 for offence under Secs. 341, 323, 427 IPC but instead of sentencing, released them while granting benefit of Sec. 4(1) of Probation of Offenders Act.

(2.) Brief facts of the case are that on 14/11/2015 a written report was submitted by the petitioner/complainant before the Police Station Chitawa, District Nagaur stating therein that he was running a Dhaba situated opposite to SR Petrol Pump, Danta to Sikar road, Village Ghatwa. On 12/11/2015, in the evening, at about 8:00 PM, about 5 to 6 persons came to his Dhaba and after consuming liquor, they took meal at his Dhaba. When the complainant demanded money for the meal, they refused to pay the money. Daljeet Pareek and Prakash uttered caste abusive words to him. It was further stated that the accused-persons also called 10 to 15 more persons and all of them started beating him and his brother Mahipal, due to which he and his brother received injuries. They also took away Rs.2,000.00 from his cash box and one mobile along with SIM lying thereon. They also snatched Rs.22,500.00 from the pocket of Mahipal and thereafter all the accused ran away.

(3.) On the basis of the said report, Police registered a case bearing FIR No.192/2015 at Police Station Chitawa, District Nagaur for offences under Secs. 143, 341, 323, 379 IPC and Ss. 3(1)(X) of SC/ST Act against the accused-persons and started investigation.