Bhagirath vs State And Ors
2022 Latest Caselaw 7592 Raj

                                        (1 of 2)                  [CRLA-630/2013]


     HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                      JODHPUR
                 S.B. Criminal Appeal No. 630/2013

Bhagirath
                                                                  ----Appellant
                                   Versus
State And Ors.
                                                                ----Respondent
                             Connected With
                 S.B. Criminal Appeal No. 926/2013
Vinod And Ors.
                                                                  ----Appellant
                                   Versus
State
                                                                ----Respondent


For Appellant(s)         :     Mr. Rajesh Parihar
For Respondent(s)        :     Mr. Mukesh Trivedi, PP
                               Mr. Ashok Kumar



     HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI

                                    Order

20/05/2022

     The brief facts of the case are that on 28.06.2007 at about

12.15 P.M., the complainant submitted a written report before the

Police stating that in the night of 28.06.2007 at about 1.00 A.M.

when he was sleeping in his 'dhani', at that time, accused Vinod

Kumar came there by tractor in order to initiate agricultural work.

Upon his raising some hue and cry Manroop, his wife, Pradeep and

owner of tractor came there and beat him up and there was a

cross fight wherein minor injuries were suffered by both the

parties.



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                                                                             (2 of 2)                [CRLA-630/2013]



                                         Both the parties are before this Court. The complainant is

                                   seeking enhancement and accused are seeking acquittal.

                                         This Court finds that judgment rendered by the learned trial

                                   court is in accordance with law as the trial court has rightly framed

                                   issues and decided the each and every issue on the basis of the

                                   evidence available on record.

                                         The conviction made under Section 323 IPC is in tendom

                                   with the injuries and the benefit of probation takes away the

                                   rigors of conviction and the sentence awarded. Overall it is an

                                   altercation between both the parties, which need not be opened

                                   after more than a decade.

                                         No cause of interference is called for.

                                         Both the appeals are dismissed. All pending applications also

                                   stand dismissed accordingly.



                                                                 (DR.PUSHPENDRA SINGH BHATI), J.

141-142-nirmala/-

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