Bhagwati Lal vs Dinesh And Ors on 1 July, 2025

Rajasthan High Court – Jodhpur

Bhagwati Lal vs Dinesh And Ors on 1 July, 2025

Author: Farjand Ali

Bench: Farjand Ali

[2025:RJ-JD:26968]

      HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                       JODHPUR
             S.B. Criminal Revision Petition No. 807/2017

Bhagwati Lal S/o Shri Ratan Lal Sharma, Adopted Son Of Late
Shri Badri Vishal Sharma, Resident Of - Kotadi, P.s. Kotadi,
District Bhilwara.
                                                                       ----Petitioner
                                       Versus
1.       Dinesh S/o Jagdish Sharma, Resident Of - Kotadi, District
         Bhilwara.
2.       Sanjay S/o Rameshchandra Chaturvedi, Resident Of -
         House No. A-287, Sanjay Colony, P.s. Subhash Nagar,
         District Bhilwara.
3.       Bajrang Lal S/o Gajanand Mali, Resident Of - Malikheda,
         Manikya Nagar, P.s. Bhimganj, District Bhilwara.
4.       Harikishan S/o Sohan Lal Daroga, Resident Of - Sanjay
         Colony, P.s. Subhash Nagar, District Bhilwara.
5.       Bheru Lal S/o Sohan Lal Mali, Resident Of - Malikheda,
         P.s. Bhimganj, District Bhilwara.
6.       Narayan S/o Jagdishchandra Vaishnav, Resident Of -
         Manikya Nagar, District Bhilwara.
7.       Mohan Lal @ Bhagwati S/o Radheshyam Sharma,
         Resident Of - Kherona, P.s. Shakkargarh, Presently
         Residing At - Pathik Nagar, Bhilwara.
8.       State Of Rajasthan Through Public Prosecutor.
                                                                    ----Respondents
                                 Connected With
                     S.B. Criminal Appeal No. 711/2017
Dinesh S/o Jagdish Sharma, By Profession Advocate, Resident Of
Kotdi, Bhilwara.
                                                                       ----Petitioner
                                       Versus
1.       The State Of Rajasthan
2.       Bhagwati Lal S/o Ratanlal Sharma, Adopted Son Of Late
         Badri Vishal Sharma, Resident Of Kotdi, Police Station
         Kotdi, District Bhilwara.
                                                                    ----Respondents


For Petitioner(s)            :     Mr. Sudhir Saruparia
                                   Mr. Ramesh Purohit
For Respondent(s)            :     Mr. Surendra Bishnoi, AGA
                                   Mr. JP Bhardwaj


                HON'BLE MR. JUSTICE FARJAND ALI
                             Order


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ORDER RESERVED ON                            :                       23.05.2025
ORDER PRONOUNCED ON                          :                       01.07.2025
BY THE COURT:-

In S.B. Criminal Revision Petition No. 807/2017:-

1. By way of filing the instant revision petition, challenge is

made to the judgment dated 09.02.2015 passed by the learned

trial Court as well the judgment dated 06.04.2017 passed by the

Court of appeal whereby the accused respondents were though

convicted but extended the benefit of probation. The petitioner

happens to be victim of the case and his grievance is to punish the

respondents properly.

1.2 The code or criminal procedure does not confer any right to a

complainant or victim to make challenge to the discretion

exercised by the learned trial Court regarding the quantum of

punishment. Section 235 and 255 of Cr.P.C. speaks about hearing

of the accused on the point of sentence. As per Section 372 of

Cr.P.C., the victim has a right to make challenge to a judgment of

acquittal or awarding of inadequate compensation or conviction of

the accused for lesser offence. Above is not the case and,

therefore, there is no force in the instant petition and the same

deserves to be dismissed.

2. Accordingly, the instant petition is dismissed as having no

force.

In S.B. Criminal Appeal No. 711/2017:-

1. The petitioner – Dinesh is convicted by the learned trial Court

and the judgment of conviction has been affirmed by the Court of

appeal. He has been given the benefit of probation. The evidence

brought on record, particularly, the statements of P.W.-11

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[2025:RJ-JD:26968] (3 of 3) [CRLR-807/2017]

Bhagwati Lal and P.W-12 Sohani Devi and the medical evidence

conclusively proving his guilt. I see no reason to interfere therein.

Apart from that, the instant appeal is not maintainable before this

Court because the judgment of conviction dated 09.02.2015 was

passed by the Court of learned ACJM and any challenge to the

sustainability of conviction can be made by the accused by

preferring an appeal as envisaged under Section 374 of Cr.P.C. and

here in this case, the appeal could be filed before the learned

Sessions Judge, Bhilwara. There is no force in the instant appeal

and the same deserves to be dismissed.

2. In this background, the instant appeal is dismissed.

3. Stay petition stands disposed of.

(FARJAND ALI),J
75-76 divya/-

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