Common order dismissing two criminal revision petitions and partly allowing a criminal appeal to extend statutory benefit under the Probation of Offenders Act to educated accused appellants.
Benefit of Section 12 of the Probation of Offenders Act extended to accused appellants in addition to Sections 4 and 5.
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S.B. Criminal Revision Petition No.768/2004 (Duli Chand Versus State of Rajasthan & Ors.)
S.B. Criminal Revision Petition No.681/2004 (Bhanwar Singh Versus The State of Rajasthan & Ors.)
S.B. Criminal Appeal No.404/2005
(Udam Singh & Ors. Versus The State of Rajasthan) Date of Order :: 2nd January, 2014
HON'BLE MR. JUSTICE MAHESH CHANDRA SHARMA
Mr. PRS Rajawat, counsel for Duli Chand in Revision Petition No. 768/2004
Mr. Rajneesh Gupta, counsel for petitioner Bhanwar Singh in Revision Petition No. 681/2004 and appellants Udam Singh and others in Cr. Appeal No. 404/2005
Mr. Peeyush Kumar, PP for the State
Since both the aforesaid two revision petitions and one
appeal relate to one incident, hence the arguments have been heard together and they are being decided by this common order.
Brief facts of the case are as under:
“On 28.12.2002, complainant Duli Chand also lodged FIR No. 115/2002. On the same very day, complainant Bhanwar Singh lodged cross FIR No. 2/2003 at Police Station, Ayana.”
On the basis of aforesaid FIRs, the police started the investigation and after completion of investigation, the police filed challan before the court concerned. The matter was committed to the Sessions Court, Kota, which was transferred to the Additional Sessions Judge (Fast Track) No.1, Kota. The learned trial court framed charges against the accused persons, who denied for the same and claimed for trial. After hearing both the sides, the learned
trial court has passed the judgment in the case of complainant Duli Chand (Cr. Case No. 39/2004), acquitting the accused Mooli Lal, Jodhraj and Bhanwar Singh from all the charges levelled against them; convicted the accused persons Udham Singh and Danmal for the offence under Sections 324 IPC, but acquitted them for the offence under Sections 148, 308, 325, 323 readwith Section 149 IPC and convicted the accused Surajmal and Okendra for the offence under Section 323 IPC, but acquitted them for the offence under Sections 148, 308, 325, 324 readwith Section 149 IPC, but instead of sentencing the accused persons granted them benefit of Section 4 and 5 of the Probation of Offenders' Act.
In the case of complainant Bhanwar Singh (Cr. Appeal No. 40/2004), acquitted the accused Duli Chand for the offence under Sections 307, 307/34 IPC and Section 3/25 of Arms Act and also acquitted the accused Bheem Singh for the offence under Sections 307, 307/34 IPC.
Against the said orders of acquittal, cr. Revision Petition No. 768/2004 has been filed by the complainant Duli Chand, while Cr. Revision Petition No. 681/2004 has been filed by the complainant Bhanwar Singh and cr. Appeal no. 404/2005 has been filed by the accused Udam Singh and others.
I have heard learned counsel for the parties and carefully perused the impugned judgments passed by the court below.
Having heard the learned counsel for the respective parties, I do not find any force in the revision petitions filed by both the complainants i.e. Duli Chand and Bhanwar Singh and hence the same being bereft of any merit, deserve to be dismissed.
So far as appeal No. 404/2005 is concerned, without going into the merits of the case, Mr. Rajnish Gupta, learned counsel has contended that already the benefit of Sections 4 and 5 of the Probation of Offenders' Act has been given to the accused appellants Udam Singh and Others by the court below. He has only requested to this court that benefit of Section 12 of Probation of Offenders' Act should also be extended in favour of the appellants Udam Singh and Others because they are the educated persons and some of them are young persons, so that the impugned judgment will not affect their future in any way.
Learned PP for the State as also the learned counsel for the complainant have opposed the same.
The prayer of the counsel for the appellants seems to be genuine, hence the appeal filed by the appellants deserves to be partly allowed.
In view of above, both the cr. Revision Petitions filed by the complainants being bereft of any merit, are hereby stand dismissed.
The appeal filed by the appellants is partly allowed and the benefit of Section 12 of the Probation of Offenders' Act is also
extended to the accused appellants in addition to the benefit of Section 4 and 5 of the Probation of Offenders Act, so that the impugned judgment shall not affect their future in any way. Rest of the terms under the impugned judgment shall remain unchanged.
The impugned judgment is modified, as indicated here-
in-above.
( Mahesh Chandra Sharma)J .
DK
All corrections made in the judgment / order have been incorporated in the judgment / order being E-mailed. Dilip Khandelwal PA
3 issues framed by the court
Whether the revision petitions filed by the complainants regarding acquittal and conditional conviction have any merit.
Whether Section 12 of the Probation of Offenders Act should be extended to the appellant accused in addition to Sections 4 and 5.
Whether the impugned judgment will affect the future of the educated and young accused appellants.
2 provisions across 1 enactments
Duli Chand
Bhanwar Singh
State of Rajasthan
Udam Singh
Mahesh Chandra Sharma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
