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Bhagwati Prasad and ors. Vs. State of Rajasthan and ors. - Court Judgment

LegalCrystal Citation
SubjectCriminal
CourtRajasthan High Court
Decided On
Case NumberS.B. Cr. Revision No. 367 of 1973
Judge
Reported in1977WLN(UC)575
AppellantBhagwati Prasad and ors.
RespondentState of Rajasthan and ors.
DispositionApplication dismissed
Excerpt:
penal code sections 325 and 323 - no infirmity in judgment of lower courts accused--lightly convicted.;revision dismissed - - 1. petitioner shyam lal was convicted by the munsif magistrate first class, ai war for offences under section 325 & 323 ipc, but he wag given the benefit of the probation of offenders act and was directed to furnish the personal & surety bonds for keeping the peace and be of good behaviour for one year for rs. while other accused person namely bhulu was convicted for offence under section 323 ipc and he was likewise directed to furnish personal & surety bonds for keeping the peace & be of good behaviour for a period of one year for rs......300/- to mst. anandi who was injured, as compensation.2. an appeal was preferred by all the four accused persons before the court of the sessions judge, alwar but it was not pressed by the appellants when the appeal came up for hearing. the learned judge, however looked in to the case and found that the accused persons were rightly convicted toy the trial court and against the judgment of the appellate court they have filed this revision application.3. no body has appeared on behalf of the; petitioners. shri mahaveer raj bhansali has appeared en behalf of the complainant and shri r.s. kejriwal has appeared as p.p.4. i have carefully perused that judgments of the two court below arid i find that they do not suffer from any infirmity. the accused persons have to been correctly.....
Judgment:

V.P. Tyagi, C.J.

1. Petitioner Shyam Lal was convicted by the Munsif Magistrate First Class, AI war for offences under Section 325 & 323 IPC, but he wag given the benefit of the Probation of Offenders Act and was directed to furnish the personal & surety bonds for keeping the peace and be of good behaviour for one year for Rs. 1000/- each. While other accused person namely Bhulu was convicted for offence under Section 323 IPC and he was likewise directed to furnish personal & surety bonds for keeping the peace & be of good behaviour for a period of one year for Rs. 1000/- each. The accused Mst. Basanti and Bhagwati Prasad were also sentenced to fine Rs. 100/- each under Section 323 IPC and Shyam Lal was fined Rs. 100/- and Bhulu was fined Rs. 100/-. It was also ordered by the learned Judge that Shyamlal and Bhullu would pay in all Rs. 300/- to Mst. Anandi who was injured, as compensation.

2. An appeal was preferred by all the four accused persons before the Court of the Sessions Judge, Alwar but it was not pressed by the appellants when the appeal came up for hearing. The learned Judge, however looked in to the case and found that the accused persons were rightly convicted toy the trial court and against the judgment of the appellate court they have filed this revision application.

3. No body has appeared on behalf of the; petitioners. Shri Mahaveer Raj Bhansali has appeared en behalf of the complainant and Shri R.S. Kejriwal has appeared as P.P.

4. I have carefully perused that judgments of the two court below arid I find that they do not suffer from any infirmity. The accused persons have to been correctly convicted.

5. I, therefore, find no reason to interfere with the finding of the appellate court. The revision application is therefore, dismissed.


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