P.K. Lohra, J. - (1.) Appellant-State has preferred one criminal appeal under Section 377 Cr.P.C. to question adequacy of the sentence awarded to accused-respondents and another criminal leave to appeal to question acquittal of some of the respondents for offence under Sections 147, 447 and 308 IPC and other respondents for offence under Sections 147, 308, 447, 325/149 and 323/149 IPC. Impugned judgment dated 23rd of January, 2017, passed by Special Judge, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Cases, Hanumangarh (for short, 'learned trial Court') is common in both the appeals, therefore, these appeals are heard together and disposed of by a common judgment.
(2.) The factual matrix, giving rise to these appeals, is that injured Chaitram gave a Parcha Bayan to Assistant Sub-Inspector of Police at Government Hospital, Pilibanga, inter-alia, alleging therein that on 21st of July, 2013, at about 09:30AM, he, along with his wife and children, was working in the agricultural field. The Parcha Bayan further unfurled that when all of them were undertaking the requisite work, accused-respondents Krishna Lal, Vinod Kumar, Syopati Devi, Rameshwari Devi, Sunita, Ramu Devi and five others, well armed with lathis, Kassi and Gandasi, entered into the field and started beating him and his wife Santosh resulting in various grave and serious injuries. It is also stated in the Parcha Bayan that Kalu Ram gave a bite to his wife and when they made an alarm the accused persons fled away from scene of occurrence but while fleeing away, Kalu Ram snatched Rs. 2300/-. On the basis of Parcha Bayan, FIR No. 369/2013 for offence under Sections 447, 323 and 143 IPC was registered and investigation commenced.
(3.) Upon completion of investigation, police submitted charge-sheet against accused-respondents for offence punishable under Sections 308, 323, 325, 447 and 143 IPC before the concerned Magistrate. Thereafter, considering nature of offences, learned Magistrate committed the case to District and Sessions Judge, Hanumangarh by resorting to Section 209 Cr.P.C. Later on, the case was transferred to learned trial Court. The learned trial Court, after hearing arguments on charge, framed charges under Sections 147, 308/149, 329/149, 447 and 325/149 IPC against the accused-respondents and upon their denial they were put on trial.;