NARENDRA KUMAR JAIN-II,J. - (1.) Heard learned counsel for the accused-petitioners as well as learned Public Prosecutor appearing on behalf of the respondent-State at admission stage.
(2.) This revision petition under Section 397(401) Cr.P.C. has been filed against the judgment and order dated 28.02.2013 passed by Special Judge SC/ST Cases(Prevention of Atrocity) Jhalawar(Raj.)(Additional Charge) (hereinafter referred to as 'the Appellate Court') in Criminal Appeal No. 101/2011(61/2010), whereby the Appellate Court dismissed the appeal filed by the accused-petitioners and upheld the judgment of conviction and order of sentence dated 25.05.2010 passed by learned Judicial Magistrate, First Class, Pirawa District Jhalawar (hereinafter referred to as 'the Trial Court') against the accused-petitioners in Criminal Case No. 257/2004, whereby, the learned Trial Court convicted and sentenced each of the accused-petitioners as under: (i) Under Section 341 IPC to undergo one month's simple imprisonment and a fine of Rs. 100/-, in default of payment of fine to further undergo one day's simple imprisonment; (ii) Under Section 323 IPC to undergo one month's simple imprisonment and a fine of Rs. 200/-, in default of payment of fine to further undergo 2 days simple imprisonment; (iii) Under Section 324 IPC to undergo three months' rigorous imprisonment and a fine of Rs. 300/-, in default of payment of fine to further undergo three days simple imprisonment; (iv) Under Section 325 IPC to undergo six months rigorous imprisonment and a fine of Rs. 500/-, in default of payment of fine to further undergo five days simple imprisonment. All the sentences were ordered to run concurrently.
(3.) The concise facts of the case are that on 20.10.2004, complainants Tanwar Singh with his son Devi Singh submitted a report at Police Station Raipur stating therein that in that night at about 9.00 PM, near the place of Balaji, accused-petitioners Rajaram and Laxmi Narayan gave beatings to him with sticks and when his son, Devi Singh tried to intervene, they gave beatings to his son also. On the basis of the said report Case No. 140/04 was registered and investigation commenced in the matter. After due investigation, the police filed charge sheet against the accused-petitioners under Sections 341, 323, 324, 325/34 IPC before the Trial Court. Thereafter, the Trial Court framed charges against the accused-petitioners under Sections 341, 323, 324 and 325 read with Section 34 IPC. Accused-petitioners denied the allegation of commission of aforesaid offences against them, pleaded innocence and claimed trial.;