Mahesh Bhagwati, J. - (1.) This criminal revision is directed against the judgment and order dated 11.10.2001 rendered by Additional Sessions Judge, Hindaun City, whereby the appellate Court upheld the conviction of the accused Kailash in the offences under Sections 452, 323, 341, 325 of Indian Penal Code. and other accused persons namely, Bhagwati, Arvind and Raju in the offences under Sections 452, 323, 341 and 325 read with Section 34 of Indian Penal Code., but learned Sessions Judge setting aside the sentence of imprisonment of fine, released them on probation of good conduct under Section 4 of Probation of Offenders Act, 1959.
(2.) The facts necessary for disposal of this criminal revision, in brief, are stated thus: That on 31.7.1991 the complainant Hari Charan lodged a report at Police Station Todabhim for the incident, which is alleged to have taken place on 24.7.1991 in the morning at 6.00 AM. The Police after having registered the case, conducted investigation and after completion thereof filed police report under Section 173(2) of Criminal Procedure Code in the Court.
(3.) The accused were charged in the offences under Sections 452, 341, 323 and 325 read with Section 34 of Indian Penal Code., who pleaded not guilty and claimed trial. In order to further its version, the prosecution examined six witnesses. The accused Kailash in his statement recorded under Section 313 of Criminal Procedure Code, pleaded that on the date of occurrence he was sitting on his Chabutara. The accused persons Hari Chand, Mukesh, Brijesh, Santosh and Jai Lal came there and gave him beating, as a result of which he sustained fracture in the finger of his hand. The accused persons further submitted that they have been falsely implicated in this case. On completion of trial, the accused revisionists were convicted and sentenced as indicated hereinabove.;