- (1.) THIS criminal revision petition has been filed by the complainant -petitioners against the judgment dated 22.4.2013 passed by Additional Sessions Judge, Shrimadhoppur, District Sikar in Criminal Appeal No. 15/2013, whereby he dismissed the appeal filed by the complainant -petitioner(s) and affirmed the judgment dated 27.2.2013 passed by Additional Chief Judicial Magistrate No.1, Shrimadhopur, District Sikar in Criminal Case No. 169/1993 acquitting the accused respondents no. 1 to 4 from the offence under Section 379 IPC; acquitting the accused respondents no. 5 to 7 from the offence under Sections 147, 447, 323 readwith 149 IPC and convicting the accused respondents no. 1 to 4 for the offence under Sections 147, 149, 447 & 323 IPC granted them benefit of probation under the Probation of Offenders' Act. Revision Petition No. 647/2013:
(2.) THIS criminal revision petition has been filed by the complainant -petitioner against the judgment dated 22.4.2013 passed by Additional Sessions Judge, Shri Madhoupr District Sikar in Criminal Appeal No. 14/2013, whereby he allowed the appeal filed by the accused respondents and acquitted them for the offence under Sections 147, 149, 447 and 323 IPC and set -aside the judgment of conviction dated 27.2.2013 passed by Additional Chief Judicial Magistrate No.1, Shrimadhopur, District Sikar in Criminal Case No. 169/1993, by which he convicted the accused respondents no. 1 to 4 for the offence under Sections 147, 149, 447 and 323 IPC and granted them the benefit of probation under Probation of Offenders Act. Since both the revision petition relate to one incident, hence the arguments have been heard together and they are being decided by this common order. Brief facts of the case are as under: - ''On 18.11.1983, complainant Kaluram, husband of petitioner no.1 and father of petitioner no.4 filed a criminal complaint against the accused respondents and others in the Court of Judicial Magistrate, Shri Madhopur. In support of his complaint, the complainant got recorded his statement and also got recorded the statement of his witnesses namely Mst. Dakha, Mst. Jyana, Mst. Kamla, Mst. Bodi, Kalyan Man, Bhagirath and Khemchand. The learned trial court, after hearing the arguments and on the basis of the complaint as well as the statements of complainant and his witnesses vide order dated 16.6.1993 took cognizance of offence against the accused persons namely Bishan Singh, Prahlad Singh, Bharat Singh, Ramu Singh and Ummed Singh for the offence under Sections 147, 447, 323, 379 and against accused persons namely Karan Singh, Sukhveer Singh and Raghuveer Singh @ Ghadsi took cognizance of offence under Sections 147, 447, 323, 379 readwith Section 149 IPC and case was registered and accused persons were summoned. The learned trial court after hearing the arguments, vide order dated 2.9.2009 framed charges against accused persons namely Bishan Singh, Bharat Singh, Prahlad Singh and Ramu Singh for the offence under Sections 147, 323/149, 447 IPC and against the remaining accused persons namely Karan Singh, Ghadsiram and Sukhveer for the offence under Sections 147, 447 and 323 IPC. The accused respondents denied for the same and claimed for trial. During trial, accused persons namely Bharat Singh S/o Prem Singh and Ummed Singh S/o Jaswant Singh died, hence the proceedings against them were dropped. Thereafter the prosecution has examined 7 witnesses and got exhibited some documents. Thereafter the statement of accused respondents were recorded under Section 313 CrPC. After hearing both the sides, the learned trial court passed the judgment dated 27.2.2013 acquitting the accused respondents no. 1 to 4 from the offence under Section 379 IPC, acquitting the accused respondents no. 5 to 7 from the charges under Sections 147, 447, 323 readwith Section 149 IPC, but while convicting the accused respondents no. 1 to 4 for the offence under Sections 147, 149, 447, 323 IPC, granted them the benefit of probation under Section 4 of the Probation of Offenders Act. Against the said judgment, the complainant party as also the accused respondents filed criminal appeals. The appeal filed by complainant party was dismissed, whereas the appeal filed by the accused persons was allowed by Additional Sessions Judge, Srimadhopur, District Sikar vide judgment dated 22.4.2013 and the judgment of the trial court to the extent of convicting the accused respondents for the offence under Section 147, 447, 323/149 IPC and granting them the benefit of probation, was set -aside ''.
(3.) AGAINST the said judgment dated 22.4.2013 passed by Additional Sessions Judge, Srimadhopur, District Sikar, the present criminal revision petitions have been filed by the complainant -petitioner(s).;