- (1.) This criminal appeal has been filed by the appellant against the judgment and order dated 11.6.2014 passed by Additional Sessions Judge, Baran in Sessions Case No. 227/2011, whereby the accused appellant has been acquitted for the offences under Section 307 and 326 'C, but he has been convicted for the offences under Section 341 and 24 IPC and instead of sentencing him, he has been given the benefit of Sections 4 and 5 of the Probation of Offenders Act and he has been directed to pay fine of L 1000/- and L 2000/- as compensation, to be given to the victim.
(2.) Brief facts of the case are as under: On 25.7.2009 complainant Mukesh lodged a report before Police Station, Kotwali, Baran, which was registered as FIR No. 498/2009 for the offences I under Section 341, 323/34 IPC against the appellant. Thereafter the investigation was started and after completion of investigation, the police filed charge sheet against the appellant for the offences under Section 307, 341, 326/34 IPC. Thereafter the case was committed to the Sessions Judge, Baran, who transferred the case to Addi. Sessions Judge, Baran for trial. The trial court framed charges against the appellant for the offences under section 307, 341 and 326 IPC. The appellant denied the charges, pleaded not guilty and claimed to be tried. Thereafter the prosecution submitted the witnesses and got exhibited some documents. Thereafter the statement of the appellant was recorded under Section 313 CrPC. After hearing both the sides, the learned trial passed the impugned judgment and order. The operative part of the impugned judgment and order is reproduced as under: XXX XXX XXX
(3.) Against the said judgment and order of conviction dated 11.6.2014 passed by the trial court, this appeal has been preferred.;