IMPORTANT POINT
The prosecution must prove guilt beyond reasonable doubt; acquittals should not be interfered with unless compelling reasons exist.

JUDGMENT :

1. The petitioner has filed the present criminal revision petition being aggrieved by the judgment dt. 15.12.2023 passed by the learned Special Judge, SC/ST (Prevention of Atrocities) Cases, Hanumangarh in Appeal No. 01/2020 whereby, the appellate court dismissed the appeal and upheld the order passed by Gram Nyayalay, Hanumangarh, in Criminal Case No. 210/2019, whereby, learned trial court acquitted the respondents Bhura Singh and Baltej Singh from the offence under Sections 448, 323, 341, 34 IPC but while convicting the accused respondents Jaskaran Singh and Ranjeet Singh, granted the benefit of probation under Section 4 of Probation of Offenders Act.

2. Briefly, the facts of the case are that the petitioner complainant lodged a written report before SHO, Police station Mahila Thana against the respondents stating therein that on 07.02.2014, at about 7:30 PM, when he was at his house, the accused Bhura Singh, Jaskaran, his wife and brother in law Baltej Singh armed with weapons forcibly entered into his house and started beating him and his wife due to which they sustained injuries.

3. On this report, the FIR was registered and the police started investigation. After investigation, the police filed challan against the accused respondents for offence under Sections 448, 323, 341, 34 IPC. Thereafter, charges were framed against the accused respondents. The prosecution in support of its case examined as many as seven witnesses and various documents were exhibited. The statement of accused under Section 313 Cr.P.C. were recorded wherein, they denied the charges and claimed trial.

4. After conclusion of trial, the court of Gram Nyayalay, Hanumangarh acquitted the respondents Bhura Singh and Baltej Singh from the offence under Sections 448, 323, 341, 34 IPC but while convicting the accused respondents Jaskaran Singh and Ranjeet Singh, granted the benefit of probation under Section 4 of Probation of Offenders Act vide order dated 03.03.2020. Feeling aggrieved, the complainant petitioner preferred an appeal before the learned Special Judge, SC/ST (Prevention of Atrocities Act Cases), Hanumangarh. The appellate court dismissed the appeal and upheld the order passed by learned Gram Nyayalay vide judgment dated 15.12.2023.

5. Counsel for the complainant petitioner submits that both the courts below have committed an error in acquitting the respondents Bhura Singh and Baltej Singh from the offence under Sections 448, 323, 341, 34 IPC and granting benefit of probation under Section 4 of Probation Act to the accused respondents Jaskaran Singh and Ranjeet Singh and adequate punishment should have been imposed upon the respondents but the trial court has adopted a lenient view without any valid reason. It is argued that the trial court acquitted the respondents Bhura Singh and Baltej Singh on the basis of minor contradictions in the statement of the witnesses. It is argued that the learned trial court ignored the evidence brought on record which resulted into erroneous acquittal of the accused respondents Bhura singh and Baltej Singh. It is argued that the prosecution has proved its case beyond reasonable doubt and there was no occasion whatsoever to take a lenient view towards respondents Jaskaran Singh and Ranjeet Singh. Therefore, the impugned orders may be set aside and the accused respondents No. 2 to 5 may be adequately punished for the alleged offences.

6. I have heard the counsel for the petitioner and gone through the material on record.

7. 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 Jaskaran Singh and Ranjeet Singh 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 Jaskaran Singh and Ranjeet Singh beyond reasonable doubt. However, looking to the