Mohammad Chand vs The State Of U.P.
2012 Latest Caselaw 1803 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 12
 

 
Case :- CRIMINAL REVISION No. - 358 of 2002
 

 
Petitioner :- Mohammad Chand
 
Respondent :- The State Of U.P.
 
Petitioner Counsel :- Shiv Ram Misra
 
Respondent Counsel :- Govt.Advocate
 

 
Hon'ble Ravindra Singh,J.

List is revised.

None appears to press this revision.

This revision has been filed against the judgement and order dated 23.2.1999 passed by learned C.J.M. Rae Bareii  in criminal case No. 3877 of 1994 whereby the revisionist has been convicted under section 380 IPC and sentenced for 2 years R.I.  with a fine of Rs. 200/-, in default of payment of fine he shall further undergo one month  simple imprisonment and the judgement and order dated 26.6.2002 passed by learned II-Addl. Sessions Judge in Criminal Appeal No. 13 of 1999 whereby the appeal filed by the revisionist  has been dismissed.

From the perusal of the record it appears that in the present case after considering the  testimony of four witnesses namely P.W. 1 Vinay Kumar, PW. 2 Anand Kumar, P.W. 3 Dr. R.P. Singh and P.W. 4 Jauhri Prasad and the statement of the accused under section 313 Cr.P.C. has come to the conclusion that the prosecution has successfully proved his case against the revisionist beyond the shadow of the doubt and recorded the finding of the conviction for the offence under section 380 Cr.P.C. The order of the conviction dated 23.2.1999 has been challenged by the revisionist by filing the Criminal Appeal No. 13 of 1999, the same was dismissed. The appellate court has considered the evidence available on the record and confirmed the findings of the conviction. In this revision there is no scope of re-appreciation. But in awarding the sentence and recording the finding of the conviction the trial court as well as appellate court has not committed any error. There is no good ground to interfere in the impugned orders. Therefore, the prayer for quashing the impugned order dated 23.2.1999 passed by learned C.J.M. Rae Bareli  and 26.6.2002 passed by learned II-Addl. Sessions Judge, Rae Bareli is refused. The revisionist is on bail, his bail is cancelled, he is directed to appear before the court and serve out the sentence as awarded by the trial court. In case he does appear before the court concerned within one month from today, the trial court shall issue the warrant of arrest and after taking him in custody she shall be sent to jail to serve out the sentence as awarded by the trial court.

Accordingly this revision is dismissed.

Let a copy of this order be communicated to learned Sessions Judge, Rae Bareli forthwith for the compliance.

Order Date :- 16.5.2012/RPD