1 -IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. CRIMINAL REVISION PETITION NO.628/02 Prabhu & Ors. vs. State Date of order : 19/3/2008. HON'BLE MR.JUSTICE MOHAMMAD RAFIQ Shri Pawan Dagur for the petitioners. Shri B.S. Chhaba, PP for the State. ****** Heard learned counsel for the petitioner. This revision petition is directed against the judgment dated 10.6.2003 and the judgment dated 2.5.2001 whereby the accused petitioners have been convicted for offence u/s. 323 IPC and has been extended the benefit of probation. The trial court vide its judgment dated 2.5.2001 convicted the accused petitioners for offence u/s. 323, 325 read with Section 34 of IPC. Accused Jhabba @ Jawahar has been convicted for offences u/s. 323 and 325 IPC and accused Angoori and Prabhu for offence u/s. 325 read with Section 34 of IPC. They were enlarged on probation for maintaining good conduct for a period of two years. The petitioners thereafter filed appeal before the learned 2 Additional Sessions Judge No.1, Bharatpur. The appellate Court partly allowed the appeal and acquitted the appellants from offence u/s. 325 read with Section 34 of IPC, however, the conviction u/s. 323 was maintained and the order with regard to their enlargement on probation was also upheld. Learned counsel for the petitioners argued that the evidence on record did not prove the offence u/s. 323 against the accused petitioners inasmuch as the statements of prosecution witnesses are full of contradictions. It was argued that offence against the accused must not only be proved but has to be proved beyond the reasonable doubt and the prosecution has not been able to discharge its burden in doing so. A perusal of the impugned judgment indicates that PW-6 Dr. Rajendra Gupta, has proved that injured Natthi lost his two teeth and PW-7 Dr. Umesh Mangal also gave the opinion that when Natthi was subjected for X-ray examination, he was found to have lost his two teeth. Eye witnesses namely PW- 3 2 Kaptan and PW-3 Natthi Singh have proved the role of the accused petitioners in the incident. Apart from the loss of teeth of the injured, which has been attributed to accused Jhabba, Nathhi Singh has also sustained injuries. The trial court was thus justified in convicting the petitioners. Their injury reports have been exhibited as Ex.P4 and P.5 and therefore I do not find that the judgment impugned suffer from any illegality which may warrant interference. The revision petition is accordingly dismissed. (MOHAMMAD RAFIQ), J. RS/