VIJAY BISHNOI,J. - (1.) This criminal misc. petition under Section 482 Cr.P.C. has been filed on behalf of the petitioner being aggrieved with the judgment dated 23.9.2008 passed by the Sessions Judge, Jalore (hereinafter referred to as the revisional-appellate court), whereby the Criminal Revision Petition No.2/2007 filed on behalf of the petitioner and Criminal Appeal Nos.13/2006 and 18/2006 filed on behalf of accused respondent Nos.2 to 7 have been dismissed.
(2.) The said criminal revision petition was filed by the petitioner against the judgment dated 9.3.2006 passed by the Chief Judicial Magistrate, Jalore (hereinafter referred to as the trial court) in Criminal Original Case No.334/1997, whereby the trial court while convicting the accused-respondent Nos.2 to 7 for the offences punishable under Sections 147, 148, 447, 323/149 and 325/149 IPC released them on probation under Section 4(1) of the Probation of Offenders Act. The trial court has further directed the respondent Nos.2 to 7 to deposit Rs.1,000/- each as litigation cost and ordered that the same may be paid to the petitioner after expiry of limitation of filing appeal.
(3.) Brief facts of the case are that on 27.8.1997, the petitioner lodged an FIR against the accused persons while alleging that he purchased a plot No.57 situated at Sanjay Nagar Colony, Jalore from one Sunil Kumar in the year 1994 in the name of his sister-in-law Kamla. It is claimed that since 1994 he was in possession of the said plot and raised boundary of it and also put a wooden gate on it. It is alleged that on the date of incident, when he went to see the said plot, then, suddenly Prithvi Singh, Surendra Singh, Anand Singh, Kanku, Umed Kumar, Ram Dutt, Prathvi Raj Mewara and his wife came there in a jeep and abused him. Thereafter, the accused persons entered into the said plot and gave severe beatings to him. It is alleged by the complainant that Prithvi Singh inflicted injury by iron rod on his nose and when he raised alarm, Chagan Das and Harish Kumar came there and rescued him from the accused persons.;