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complainant. Soon thereafter, his elder brother (present petitioner) appeared on the spot along with wooden plank and gave blow on the head of the complainant with the plank, as a result of which, he fell down and lost consciousness. Thereafter, injured was rushed to Zonal of Hospital, Mandi, wherefrom, a telephonic information qua the incident was given to the police. Police on receipt of information, registered FIR and after investigation, presented the charge sheet against the rt accused in the competent court of law. Learned Judicial Magistrate, Ist Class, Court No.II, Mandi, District Mandi, H.P., after satisfying itself that a prima facie case exists against the accused, framed the charges under Sections 323, 325, 341 and 506 of the IPC, to which, accused persons pleaded not guilty and claimed trial. Learned trial Court, on the basis of evidence adduced on record by the prosecution, found the accused guilty of having committed offences under Sections 323, 325, 341 and 506 of the IPC and accordingly, convicted and sentenced them, description whereof, has already been given above.

7. I have heard the learned counsel for the respective parties and gone carefully through the record.

8. True, it is that while exercising the power under Section 397 of Criminal Procedure Code, this Court has very limited power to re-

appreciate the evidence available on record. But in the present case, where accused has been found guilty of having committed offences under Sections 341, 323, 325 and 506 read with 34 of the Indian Penal Code, this Court solely with a view to ascertain that the judgments passed by both the Courts below are not perverse and same are based upon correct appreciation of evidence available on record, undertook an exercise to critically examine the evidence available on record to reach fair and just decision in the case.

accused has been held guilty of having committed offences under Sections 341, 323, 325 and 506 read with Section 34 of the IPC.

21. Faced with this situation, learned counsel for the petitioner-

accused also prayed that accused may be given the benefit of probation under Section 4(b) of the Probation of Offenders Act, 1958 keeping in view his being first offender. Mr. Gupta also stated that

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mitigating circumstance in this case is that approximately, more than 14 years have passed after happening of that incident and eight years .