P.K.LOHRA,J. - (1.) The revision-petitioner complainant being aggrieved by the judgment dated 15.01.2014, passed by Addl. Sessions Judge No. 4, Jodhpur Metro (for short, 'learned appellate Court'), whereby learned appellate Court confirmed the verdict dated 17.12.2012, rendered by learned Judicial Magistrate No. 3, Jodhpur (for short, 'learned trial Court'), has preferred this revision petition under Section 397/401 Cr.P.C.
(2.) Initially, the learned trial Court, vide its judgment dated 17.12.2012, indicted the accused-respondent for offence under Sections 341 and 323 IPC but granted him benefit of section 3 of Probation of Offenders Act, 1958 by ordering his admonition. Subsequently, the learned appellate Court, while concurring with the findings and conclusions of the learned trial Court, affirmed the same by dismissing appeal of the petitioner.
(3.) In brief, facts of the case are that a written complaint was submitted by Chenaram petitioner-complainant on 05.02.2012 at Police Station Udaimandir stating inter-alia therein that while he was talking with some persons he heard hue and cry of his family members and on his rushing towards them found accused Dependra Singh, Shaktisingh and 3-4 other person misbehaving with his wife and children and abusing them. On his attempt to pacify and convince the accused persons, they attacked him and gave beatings. A significant fact, the incumbents Vijay Bharti, Laxman Singh and Manoj intervened to come to complainant's rescue, also find mention in the report. It was further alleged that accused persons torn his clothes and snatched away a sum of Rs. 2,000 from him. The police registered a case bearing FIR No. 68/2012 for offence under Sections 341, 323 IPC and started investigation. After investigation, the accused-respondent was prosecuted by filing charge-sheet for offence under Sections 341, 323 IPC before the court. Learned trial Court framed charge and on denial by the accused-respondent he was put on trial.;