Achlaram S/o Ashuram vs State of Rajasthan

Although the matter is listed in the defect category,

however, after hearing learned counsel for the appellant, the delay

in filing the appeal is condoned and the matter is taken up for

hearing on merits.

The instant cr. appeal has been filed by the appellants

Achlaram S/o Ashuram and Purkharam S/o Ashuram under

Section 374(2) Cr.P.C. against the judgment dated 17.2.2017

passed by the learned Sessions Judge, District Jodhpur in Sessions

Case No. 140/2013 whereby the learned trial court while

convicting the appellants for offence under Sections 324, 325 &

447 of IPC, granted benefit of probation to the appellants and

directed them to pay a sum of Rs. 20,000/- as compensation to

the victim.

Brief facts of the case are that comlainant Banna Ram lodged

an FIR at P.S. Osiya stating tehrein that on the intervening night

of 02.09.2013 & 03.09.2013 when he was looking after his

agricultural field, at that time Achla Ram, Purkha Ram and

Bhawnra Ram lurking in the bushes assaulted him causing several

injuries.

Learned trial court after hearing counsel for the parties,

convicted the appellants and while granting benefit of probation,

directed the appellants to pay a sum of Rs. 20,000/- to the victim.

Learned counsel for the appellants submits that there are

various discrepancies and infirmities in the case of prosecution so

also there are major contradictions in the testimony of the

complainant and eye witnesses, therefore, the judgment of

conviction is not based on sound legal principles and accordingly,

the accused appellants are liable to be acquitted from the charges

levelled against them.

Learned Public Prosecutor vehemently opposed the prayer

and submits that the prosecution has proved its case beyond

reasonable doubt, however, the learned trial court has granted

benefit of probation to the appellants which does not call for any

interference.

After perusing the impugned judgment, I am of the opinion

that the learned trial court has rightly appreciated the prosecution

evidence so also the injury report of the victim and convicted the

appellants for offences under Section 447, 324 and 325 IPC.

No error has been committed by the trial court in granting

benefit of probation to the appellants and directing them to pay

compensation to the victim as the complainant and the accused

party are real brothers and the appellants themselves offered to

grant compensation to the victim instead of jail sentence upon

which the learned trial court has granted the benefit of probation

to the appellants and ordered to pay compensation in the sum of

Rs. 20,000/-.

In view of above, no case is made out for interference in this

case, hence, this appeal is hereby dismissed.