[2026:RJ-JP:2007]

HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Revision Petition No. 763/2008 Nirbhay S/o Ghamandi, R/o Dumriya, Tehsil Roopwas, District Bharatpur ----Petitioner Versus State of Rajasthan ----Respondent For Petitioner(s) : Mr. Sanjay Mehrishi Mr. Rakesh Saini Mr. Timan Singh For Respondent(s) : Ms. Manju Dave, Addl. G.A.

HON'BLE MR. JUSTICE BHUWAN GOYAL

Order

16/01/2026

1. The present revision petition under Section 397 read with Section 401 of the Code of Criminal Procedure has been filed by the accused-petitioner – Nirbhay against the Judgment and Order dated 14.07.2008 passed by Additional Sessions Judge no. 2, Bayana, Bharatpur (hereinafter referred to as "appellate court") in Criminal Appeal No. 44/02(04/2001) (Roshan Singh & Ors. vs. State of Rajasthan) vide which criminal appeal filed by the accused-persons has been partly allowed and while setting aside the judgment and order dated 19.01.2001 passed by the trial court in criminal case no. 38/95 acquitted the co-accused persons Roshan Singh, Samander Singh, Atar Singh, Himmat Singh and Manohar Singh for the offence under Sections 325/149 IPC and convicted them for the offence under Sections 323/149, 147, 341 IPC and instead of sentencing them, granted benefit of Section 4 of the Probation of Offenders Act, So far as accused petitioner Nirbhay Singh is concerned, he has been convicted and sentenced for the offence under Sections 325, 323/149, 147, 341 IPC as under:-

Offence Sentence awarded by Sentence awarded by the trial court to the the appellate court to Accused persons namely the accused-petitioner Roshan Singh, Nirbhay Singh Samander Singh, Atar Singh, Himat Singh, Manohar Singh and Nirbhay Singh under to undergo 1 year S.I. For the offence u/s 325 Section IPC:-

147,323 to undergo 2 years S.I.

IPC with fine of Rs.2000/-, in default of payment of fine, to further undergo 1 month S.I.

under to undergo 2 years S.I. For the offence u/s Section with fine of Rs.2,000/-, in 147,323/149 IPC:-

325/149 default of payment of fine, to undergo one year S.I.

IPC to further undergo 1 month S.I.

---- ---- For the offence u/s 341 IPC:-

to undergo one month S.I.

2. Facts of the case in short are that on 24.01.1995, complainant Niroti (PW-2) submitted a parcha bayan to the effect that on 24.01.1995 around 8.00 AM when he was going from the house to Sirondh to work on the mines of Govind and Bhagwan Singh and reached on Nallah situated in between Dumriya and Churari, in the mustard agricultural field of Gajendra, accused persons armed with lathis encircled him and gave him lathi blows. Upon hearing complainant's scream, his daughter who was working in the nearby fields rushed to rescue him, but the accused persons also gave lathi blow to her. Then Govind, Bhagwan Singh, Sohan lal and Mahaveer came there and rescued them. On the basis said parcha bayan, F.I.R. No. 16/95 was registered at Police Station Roopwas, District Bharatpur for the offence under sections 147, 148, 149, 323, 341 IPC and investigation was commenced. After investigation, police submitted charge-sheet against the accused persons for the offence under Sections 147, 149, 323, 341, 325 of IPC before the concerned court. Charges were framed against the accused persons for the offence under Sections 147, 323/149, 341, 325/149 IPC, who denied the same and claimed for trial. The prosecution produced witnesses. The statement of accused- persons were recorded under Section 313 Cr.P.C. After conclusion of trial, the trial court passed judgment and order dated 19.01.2001 convicting the accused persons for the offence Sections 147, 323, 325/149 IPC and sentenced them as indicated above. Thereafter, the petitioner filed an appeal and the appellate court vide its judgment and order dated 14.07.2008 partly allowed the appeal, set-aside the judgment dated 19.01.2001 passed by the trial court acquitted the co-accused persons Roshan Singh, Samander Singh, Atar Singh, Himmat Singh and Manohar Singh for the