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2024 DIGILAW 171 (RAJ)

Moda Ram S/o Sh. Bhagtaji v. State Of Rajasthan

2024-01-25

MANOJ KUMAR GARG

body2024
JUDGMENT : 1. The appellant has filed the present criminal appeal being aggrieved by the judgment dt. 16.01.2021 passed by the learned Special Judge, SC/ST (Prevention of Atrocities) Act Cases, Sirohi in Appeal No. 50/2020 whereby, while partly allowing the appeal, upheld the conviction for offence under Sections 341, 323, 325/34 IPC passed by Additional Chief Judicial Magistrate, Sheoganj dated 20.12.2018 but granted the benefit of probation under Section 4 of Probation of Offenders Act. 2. Briefly, the facts of the case are that on 01.10.2012, the complainant submitted a written report before the SHO, Police Station, Sheoganj stating therein that on 30.09.2012 at about 7 PM, when his brother Modaram i.e. complainant alongwith his daughters was returning home, upon reaching the field of Chopa Ram, the accused persons attacked him with axe, lathis and dhariya causing grievous injuries and fractures. 3. On this report, the FIR was registered and the police started investigation. After investigation, the police filed challan against the respondents. Thereafter, charges were framed against the respondents for offence under Sections 341, 323, 325/34 IPC. 4. The prosecution in support of its case examined seventeen witnesses and various documents were exhibited. The statement of accused under Section 313 Cr.P.C. were recorded but no witness was examined on defence side. 5. After conclusion of trial, the trial court convicted the accused respondents for offence under Sections 341/34, 323/34, 325/34 IPC. Feeling aggrieved, the accused preferred an appeal before the appellate Court. The appellate Court upheld the conviction but granted the benefit of probation under Section 4 of Probation of Offenders Act vide its judgment dated 16.01.2021. 6. Learned counsel for the appellant argued that the Court below without going through the entire record and evidence mechanically granted benefit of probation to the respondents. It is submitted that the witnesses have corroborated the prosecution story and have categorically stated that the accused respondents had assaulted the injured with sharp weapons, therefore, adequate punishment should have been imposed upon the respondents but the court has adopted a lenient view without any valid reason. Therefore, the impugned order may be set aside and the accused may be adequately punished for the alleged offences. 7. Learned Public Prosecutor appearing on behalf of the respondent-State supported the arguments made by counsel for the appellant. 8. Therefore, the impugned order may be set aside and the accused may be adequately punished for the alleged offences. 7. Learned Public Prosecutor appearing on behalf of the respondent-State supported the arguments made by counsel for the appellant. 8. Per contra, counsel for the respondent accused vehemently opposed the prayer made by learned counsel for the appellant and submitted that learned appellate Court has rightly granted the benefit of probation. 9. I have heard the counsels for the parties and gone through the material on record. 10. From the evidence on record so also finding arrived by the learned trial court, it appears that the learned trial court has convicted the accused respondents for offence under Sections 341, 323, 325/34 IPC on the basis of statement of the witnesses so also the injury report of injured. The courts below came to the conclusion by way of detailed and speaking order that the prosecution has proved the charges against the accused respondents for offences mentioned above. However, looking to the fact that there are no criminal antecedents against the respondents, the court has granted the benefit of probation under Section 4 of the Probation of Offenders Act. In the opinion of this Court, the findings given by the trial Court are perfectly justified and there is no illegality in the judgment passed by the appellate Court. 11. In the facts and circumstances of the case, the criminal appeal has no substance and the same is hereby dismissed. 12. The record of the trial court be sent back forthwith.