- (1.) Since both the aforesaid two revision petitions and one appeal 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 28.12.2002, complainant Duli Chand also lodged FIR No. 115/2002. On the same very day, complainant Bhanwar Singh lodged cross FIR No. 2/2003 at Police Station, Ayana.
(2.) On the basis of aforesaid FIRs, the police started the investigation and after completion of investigation, the police filed challan before the Court concerned. The matter was committed to the Sessions Court, Kota, which was transferred to the Additional Sessions Judge (Fast Track) No. 1, Kota. The learned trial Court framed charges against the accused persons, who denied for the same and claimed for trial. After hearing both the sides, the learned trial Court has passed the judgment in the case of complainant Duli Chand (Cr. Case No. 39/2004), acquitting the accused Mooli Lal, Jodhraj and Bhanwar Singh from all the charges levelled against them; convicted the accused persons Udham Singh and Danmal for the offence under Secs. 324 IPC, but acquitted them for the offence under Secs. 148, 308, 325, 323 read with Section 149 IPC and convicted the accused Surajmal and Okendra for the offence under Sec. 323 IPC, but acquitted them for the offence under Secs. 148, 308, 325, 324 readwith Section 149 IPC, but instead of sentencing the accused persons granted them benefit of Section 4 and 5 of the Probation of Offenders Act.
(3.) In the case of complainant Bhanwar Singh (Cr. Appeal No. 40/2004), acquitted the accused Duli Chand for the offence under Secs. 307, 307/34 IPC and Section 3/25 of Arms Act and also acquitted the accused Bheem Singh for the offence under Secs. 307, 307/34 IPC.;