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2017 Supreme(Raj) 2354
IN THE HIGH COURT OF RAJASTHAN BENCH AT JAIPUR
Deepak Maheshwari, J.
MADAN - Appellant
Vs.
STATE OF RAJASTHAN - Respondent
Criminal Revision No. 153 of 2005
Decided On : 04-05-2017
For the Appellant :Mr. Dushyant Singh Naruka and Mr. Shyam Bihari Gautam, Advocates.
For the Respondent: Mr. Rishiraj Singh, Public Prosecutor
Headnote:
Probation of Offenders Act - Indian Panel Code – Section 326 and 324/149 - Payment of fine - Conviction for the offences – Injuries - Evidence - After investigating matter a charge-sheet came to be filed against accused persons for offences mentioned above trial Court after hearing charge arguments framed charges against accused persons for above-said offences - After concluding trial accused persons were convicted and sentenced in manner aforesaid – Held, In these circumstances caution given by Hobble Apex Court in case of is required to be adopted scrupulously while analyzing testimony given by complainant and his brothers on touch stone of this established legal principles - On doing so court feel constrained to agree with conclusion arrived at by Courts below - Prosecution evidence cannot be found trustworthy and reliable to record conviction of accused petitioners in light of above infirmities and lacunae - petition allowed
Deepak Maheshwari, J.
This criminal revision petition has been preferred on behalf of the accused petitioners Madan and Raju @ Chhoga against the judgment dated 11.2.2005 passed by learned Special Judge (Women Atrocities & Dowry Cases) Kota in criminal appeal No.114/03 whereby learned lower appellate Court has upheld the conviction for the offences under Sections 326/149, 325, 325/149, 324/149, 323 and 323/149 I.P.C.
2. Earlier, learned trial Court vide its judgment dated 21.10.2003 has convicted the accused persons as follows :-
Name of Accused
Section
Sentence
Kalu @ Kalar
326 IPC
3 years simple imprisonment with a fine of Rs. 5,000/- and in default of payment of fine to further undergo three months simple imprisonment additionally.
Ramlal
326/149 IPC
3 years simple imprisonment with a fine of Rs. 5,000/- and in default of payment of fine to further undergo three months simple imprisonment additionally.
Madan
326/149 IPC
3 years simple imprisonment with a fine of Rs. 5,000/- and in default of payment of fine to further undergo three months simple imprisonment additionally.
Kanhaiyalal
326/149 IPC
3 years simple imprisonment with a fine of Rs. 5,000/- and in default of payment of fine to further undergo three months simple imprisonment additionally.
Raju @ Chhoga
326/149 IPC
3 years simple imprisonment with a fine of Rs. 5,000/- and in default of payment of fine to further undergo three months simple imprisonment additionally.
Ramlal
325 IPC
2 years simple imprisonment with a fine of Rs. 2,000/- and in default of payment of fine to further undergo two months simple imprisonment additionally.
Kalu @ Kalar
325/149 IPC
2 years simple imprisonment with a fine of Rs. 2,000/- and in default of payment of fine to further undergo two months simple imprisonment additionally.
Madan
325/149 IPC
2 years simple imprisonment with a fine of Rs. 2,000/- and in default of payment of fine to further undergo two months simple imprisonment additionally.
Kanhaiyalal
325/149 IPC
2 years simple imprisonment with a fine of Rs. 2,000/- and in default of payment of fine to further undergo two months simple imprisonment additionally.
Raju @ Chhoga
325/149 IPC
2 years simple imprisonment with a fine of Rs. 2,000/- and in default of payment of fine to further undergo two months simple imprisonment additionally.
Kalu @ Kalar
324 IPC
1 year simple imprisonment with a fine of Rs. 1,000/- and in default of payment of fine to further undergo one month simple imprisonment additionally.
Madan
324 IPC
1 year simple imprisonment with a fine of Rs. 1,000/- and in default of payment of fine to further undergo one month simple imprisonment additionally.
Ramlal
324/149 IPC
1 year simple imprisonment with a fine of Rs. 1,000/- and in default of payment of fine to further undergo one month simple imprisonment additionally.
Kanhaiyalal
324/149 IPC
1 year simple imprisonment with a fine of Rs. 1,000/- and in default of payment of fine to further undergo three months simple imprisonment additionally.
Raju @ Chhoga
324/149 IPC
1 year simple imprisonment with a fine of Rs. 1,000/- and in default of payment of fine to further undergo one month simple imprisonment additionally.
Ramlal
323 IPC
1 month simple imprisonment.
Kanhaiyalal
323 IPC
1 month simple imprisonment.
Raju @ Chhoga
323 IPC
1 month simple imprisonment.
Kalu @ Kalar
323/149 IPC
1 month simple imprisonment.
Madan
323/149 IPC
1 month simple imprisonment.
All Accused
148 IPC
6 months simple
