ORDER :

Farjand Ali, J.

The instant criminal revision petition under Section 397 /401 CrPC has been preferred by the appellants to challenge the judgment dated 17.10.2019 passed by the learned Additional Sessions Judge, Churu, whereby he dismissed Criminal Appeal No.46/2016 preferred by the accused appellants and affirmed the judgment of conviction and order of sentence dated 12.02.2015 passed by the learned Chief Judicial Magistrate, Churu in Criminal Case No.878/2011, whereby they were convicted for the offences under Sections 34 1, 323/34, 324/34 and 325/34 of the IPC, however, instead of sending them to jail, they were granted the benefit of probation under section 4 of the Probation of Offenders Act and it was directed that they shall remain on probation for a period of two years subject to furnishing a personal bond of Rs.10,000/- and a surety in the like amount and further under section 5 of the Probation of Offenders Act, each of the accused appellant was directed to deposit a sum of Rs.25,000/- (in total Rs.75,000/-) to be disbursed to the complainant as compensation.

2. Succinctly stating facts of the case are that on 26.01.2009 at 05.15 p.m., complainant Omprakash submitted a written report (Ex.P/1) at the Police Station Bhaleri, District Churu to the effect that he had gone to one Ram Singh's house and was returning home at about 07.30 p.m. At that time, accused appellants Mohan Lal, Sahi Ram and Mukh Ram attacked him from behind with Lathi and Farsi and caused injuries to him at his right hand and other parts of the body, due to which, he fell down. Hearing his hue and cry, his mother Gayana and daughter Triveni came there to rescue him. His son and neighbours came there, upon which the accused persons fled away. It was alleged that accused appellants were having grudge against him due to some litigation and that was the reason for the attack.

3. On the basis of this written report, FIR No.7/2009 for the offences under Sections 34 1, 323 and 307 of the IPC was registered at the Police Station Bhaleri, District Churu. After usual investigation, a charge-sheet came to be filed against the appellants for the offences punishable under Section 34 1, 323, 324, 325, 307 and 201 of the IPC in the Court of the learned Judicial Magistrate, First Class, Sardarshahar. Since the offence under Section 307 is exclusively triable by Sessions Court, the case was committed to the Sessions Judge, Churu. The learned Sessions Court discharged the appellants from the offence under Section 307 IPC and the case was transferred back to the Magistrate Court for trial. The learned trial court framed charges against the accused for the offences under Sections 34 1, 323, 324 and 325 read with Section 34 IPC, to which they pleaded not guilty and claimed trial. The prosecution to prove its case examined 12 witnesses and exhibited 25 documents. Upon being questioned under Section 313 Cr.P.C and when confronted with the prosecution allegations, the accused denied the same and claimed that they did not commit the offence. No witnesses were examined in defence, however, 3 documents were exhibited.

4. After hearing the arguments advanced by the Public Prosecutor and the defence counsel and appreciating the evidence available on record, the learned trial Court proceeded to convict and sentence the appellant as above by the impugned judgment dated 12.02.2015, which is assailed by the accused by filing an appeal before the learned Additional Sessions Judge, Churu, which came to be dismissed vide judgment dated 17.10.2019 and the judgment of conviction and