Ramesh Bhai And Anr vs State
2022 Latest Caselaw 7173 Raj

                                         (1 of 2)                  [CRLA-273/1995]


     HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                      JODHPUR
                 S.B. Criminal Appeal No. 273/1995

Ramesh Bhai And Anr.
                                                                   ----Appellant
                                    Versus
State
                                                                 ----Respondent


For Appellant(s)          :     Mr. Bhagat Dadhich
For Respondent(s)         :     Mr. Mukhtiyar Khan, PP



     HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI

                                 Judgment

13/05/2022

     This criminal appeal has been preferred under Section

374(2) Cr.P.C. claiming the following reliefs:-

     "It is, therefore, that this criminal appeal may kindly be allowed
     and the impugned judgment and order dated 27.6.95 may kindly
     be quashed and set aside and the appellants may be acquitted of
     the charges levelled against them. In the alternative, when the
     benefit of probation has been given to them further the
     exemption of compensation may be set aside."


     Learned counsel for the appellants submits that there was a

delay of seven days in lodging the FIR, and thus, the conviction

order passed by the learned trial court is not in tandem with the

evidence recorded.

     Learned counsel further submits that the crucial witness PW-

3 Shanker, having turned hostile, has been ignored by the learned

trial court as it would have led to a natural corollary of acquittal of

the present appellants.




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                                                                            (2 of 2)                   [CRLA-273/1995]



                                         Learned counsel also submits that the incident is of

                                   03.03.1993 whereby it was alleged that the quarrel arose on the

                                   field and the allegation was that beating was given to the

                                   complainant by the accused persons. Learned                     counsel    further

                                   submits that five witnesses were examined and there were

                                   discrepancies in their deposition.

                                         Learned Public Prosecutor opposes the submissions made on

                                   behalf of the appellants.

                                         After hearing learned counsel for the parties as well as

                                   perusing the record of the case, this Court finds that the learned

                                   trial court has rightly arrived at a conclusion of acquitting the

                                   appellant under Section Section 3(1)(10) of the SC/ST (Prevention

                                   of Atrocities) Act and has convicted the appellant under Section

                                   323 and 341 of IPC.

                                         This Court, after examination of the record, finds that the

                                   conviction under Section 323 & 341 IPC was supported by the

                                   medical evidence and neutral witnesses; and the part acquittal

                                   was also in accordance with law.

                                         Furthermore, this Court is of the opinion that once the

                                   benefit under the Probation of Offenders Act has been given, the

                                   rigor of the limited conviction will not effect the present appellant.

                                         In view of the above, no cause of interference is made out in

                                   the   present   criminal    appeal      and      the     same     is   accordingly

                                   dismissed. All pending application also stand disposed of. Record

                                   of the learned trial court be sent back forthwith.


                                                                (DR.PUSHPENDRA SINGH BHATI), J.

30-Zeeshan

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