- (1.) The State is aggrieved by the judgment dated 16.02.2010, passed by Sessions Judge, Jalore, whereby the learned Judge, while maintaining the conviction of accused respondent No.1 to 5 for offences under Sections 148, 448, 325, 323 read with Section 149 IPC has granted the benefit of Probation of Offenders Act ('the Act', for short) to the accused respondents.
(2.) Briefly, the facts are that on 20.09.2002, Sukh Singh (P.W.3) submitted a written report at Police Station, Ahore, wherein he claimed that on that day at 11:00 AM when he was sitting in his house alongwith other family members, at that time accused Tej Singh came there and started raising a wall. On his asking not to do so, Tej Singh and others came armed with lathis, and sharped-edged weapons; they started beating him and his other family members. The persons who came to their rescue were also assaulted. On the basis of above report, a formal FIR, FIR No.194/12 was chalked out for offences under Sections 143, 148, 149, 341, 448, 323 IPC.
(3.) In order to support its case, the prosecution examined eleven witnesses, and submitted certain documents. In turn, the defence had examined two witnesses, and had submitted a few documents. After going through the oral and documentary evidence, vide judgment dated 05.09.2008, the Chief Judicial Magistrate, Jalore had convicted the accused respondents for offences under Sections 148, 325, 448, 323/149 IPC and had sentenced them to different terms of imprisonment.;