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.