Rajasthan High Court – Jodhpur
Varjanga Ram vs State And Ors. (2025:Rj-Jd:31274) on 16 July, 2025
Author: Manoj Kumar Garg
Bench: Manoj Kumar Garg
[2025:RJ-JD:31274]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Revision Petition No. 640/2007
Varjanga Ram S/o Bholaji R/o Village Dhanta, Tehsil Sanchore,
District Jalore.
----Petitioner
Versus
State of Raj. and Ors.
----Respondents
For Petitioner(s) : Mr. Vijay Purohit
For Respondent(s) : Mr. Vikram Singh Rajpurohit, PP
HON'BLE MR. JUSTICE MANOJ KUMAR GARG
Judgment
16/07/2025
1. Instant revision petition has been filed by the
petitioner/complainant against the order dated 21.03.2007,
passed by learned Additional Sessions Judge, Bhinmal, District
Jalore in Cr. Appeal No.12/2007 whereby the learned appellate
court partly allowed the appeal of the accused-respondents No.2
to 10 and while affirming the judgment of the learned Additional
Chief Judicial Magistrate, Bhinmal dated 06.02.2007 passed in Cr.
Original Case No.107/1995 to the extent of conviction for offences
under Sections 148, 452, 323/149, 324/149 & 325/149 IPC, set
aside the sentence and instead gave benefit of probation to the
accused-respondent Nos.2 to 10 under Section 4 of Probation of
Offenders Act.
2. Briefly stated, the prosecution case as set up is that on
11.04.1994, complainant Roopa submitted a written report at
Police Station Sanchore to the effect that at about 08:30 AM he
(Downloaded on 22/07/2025 at 09:29:08 PM)
[2025:RJ-JD:31274] (2 of 4) [CRLR-640/2007]
went to petitioner’s flour mill for grinding flour. When he reached
the mill, the respondents No.2 to 10 arrived there and assaulted
the petitioner and one another person with an intention to kill
them due to which, they got injured. On the said information,
Police registered a case against the accused-respondents No.2 to
10 and started investigation.
3. On completion of investigation, the police filed challan
against the accused-respondents No.2 to 10. Thereafter, the trial
court framed charges for offences under Sections 148, 452,
323/149, 324/149 & 325/149 IPC. The accused respondents No.2
to 10 pleaded not guilty and claimed trial.
4. During the course of trial, the prosecution examined as many
as 17 witnesses in support of its case and exhibited certain
documents. Thereafter, statements of the accused respondents
No.2 to 10 were recorded under section 313 Cr.P.C.
5. Upon conclusion of the trial, the learned trial court vide
impugned judgment dated 06.02.2007 convicted and sentenced
the accused-respondents No.2 to 10 for aforesaid offences.
6. Being aggrieved by their conviction and sentence, the
accused-respondents No.2 to 10 preferred an appeal before the
learned appellate court, which came to be partly allowed vide
judgment dated 21.03.2007. The learned appellate court while
maintaining the conviction of the accused-respondents No.2 to 10
for the aforesaid offences, set aside the sentence as awarded by
the trial court and instead gave benefit of probation under Section
4 of the Probation of Offenders Act to the accused-respondents
No.2 to 10. Hence, this revision petition on behalf of the
complainant/injured against the judgment of the appellate court.
(Downloaded on 22/07/2025 at 09:29:08 PM)
[2025:RJ-JD:31274] (3 of 4) [CRLR-640/2007]
7. Learned counsel for the petitioner argued that learned
appellate court has committed grave error in giving benefit of
probation to the accused-respondents No.2 to 10 despite the fact
that the prosecution has proved its case beyond all reasonable
doubts. Counsel submits that there is ample evidence available on
record against the accused-respondents No.2 to 10 for
commission of offence. Yet, the appellate court did not consider
these aspects of the matter and despite conviction and sentence
awarded by the trial court for aforesaid offences to the accused-
respondents No.2 to 10, the appellate court did not award any
sentence and instead gave benefit of probation under Section 4 of
Probation of Offenders Act, which is perverse and illegal. Thus, it
is prayed that the impugned appellate judgment may be quashed
and set aside to the extent of giving benefit of probation to the
accused-respondents No.2 to 10 and the sentence awarded by the
trial court may be upheld.
8. I have considered the submissions of the learned counsel for
the petitioner and perused the judgments of the appellate court as
well as trial court and also gone through the entire record.
9. The learned trial court, after meticulous appreciation of
evidence and considering each and every aspect of the matter, has
convicted and sentenced the accused-respondents No.2 to 10 for
offences under Sections 148, 452, 323/149, 324/149 & 325/149
IPC. The accused-respondents No.2 to 10 filed an appeal against
their conviction and sentence before the appellate court. The
learned appellate court while taking into consideration the facts
that this was the first offence of the accused-respondents No.2 to
10 and they have been facing trial since 1994 and they also
(Downloaded on 22/07/2025 at 09:29:08 PM)
[2025:RJ-JD:31274] (4 of 4) [CRLR-640/2007]
remained in custody for some time and they are not habitual
offenders, has given benefit of probation under Section 4 of the
Probation of Offenders Act to the accused-respondents while
maintaining the conviction for the aforesaid offences.
10. On perusal of the impugned judgment of the appellate court,
it appears that the learned appellate court has considered each
and every aspect of the matter while passing the impugned
judgment and has rightly extended the benefit of Probation under
Section 4 of the Act. Thus, this Court does not find any illegality
and perversity in the impugned appellate judgment and the same
does not require any interference from this Court.
11. In the light of aforesaid discussion, the petitioner has failed
to show any error of law or on facts on the basis of which
interference can be made by this Court in the impugned appellant
judgment under challenge.
12. Accordingly, the revision petition is hereby dismissed.
13. Record of the learned courts below be sent back forthwith.
(MANOJ KUMAR GARG),J
15-Rashi/-
(Downloaded on 22/07/2025 at 09:29:08 PM)
Powered by TCPDF (www.tcpdf.org)