KAMLESH KUMAR Vs. PRITHVIRAJ

JUDGEMENT

(1.) This appeal has been preferred against the judgment dated 4-12-1997 passed by the learned Sessions Judge. Karauli, whereby he acquitted the accused for the commission of offence u/ss 307 and 326 IPC and while holding them guilty for offences punishable u/ss 148, 323, 324/149 IPC instead a directing them to undergo RI for said offences extended the benefit of probation u/ s 11(2) of the Probation of Offenders Act to maintain peace and be of good behaviour for a period of two years by submitting personal bounds in the sum of Rs. 3,000/ each and also to deposit Rs. 1,500 reach out of which Rs. 75,000/- to be paid to the injured Radhey Shyam by way of compensation.

(2.) I have heard the learned counsels for the parties and also perused the Judgment passed by the learned trial court as also examined the evidence available on record.

(3.) The brief facts are that on a complaint being lodged by one Kamlesh Kumar at police station Sapotra vide Ex. P-8 alleging that on 17-9-1995 at above 4-5 PM when his father Radhey Shyam was ploughing his agricultural field, accused Prithviraj, who was having Kulhari, Faruq who was having Saria while Ramjilal, Shreelal, Ratan and Shivram, who were wielding lathi seriously assaulted the father of the complainant with the aforesaid weapons thereby causing multiple grievous injuries on his person.