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1981 DIGILAW 17 (RAJ)

Choti and 15 Ors. R/s. Kakra, Distt. Bharatpur v. State of Rajasthan

1981-01-16

K.S.SIDHU

body1981
JUDGMENT 1. - After hearing both sides and going through the judgment of the learned Magistrate, as well as the judgment of the affiance passed by the learned Sessions Judge, I am of opinion that there is no valid ground to interfere with the impugned order. It was open to the learned Magistrate to award compensation to the injured persons while ordering the release of the accused persons on probation of good conduct. Section 5, Probation on offenders Act, 1958, vests the trial court with a power to require the convicted offender to pay compensation to injured person while directing the release of the offender under section 4, of the said Act. This exactly what the learned trial court did. 2. Learned counsel for the petitioners then tried to find fault with the order of conviction passed by the courts below against the petitioners under sections 147, 148, 323, and 324 read with section 149 I.P.C. I am afraid this Court cannot constitute itself into a third court of facts and interfere with the concurrent findings of fact arrived at by the courts below. Thus there is no force in this petition of revision and the same is, therefore, dismissed in limine.Revision dismissed. *******