Citation : 2022 Latest Caselaw 11205 ALL
Judgement Date : 24 August, 2022
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH ?Court No. - 10 Case :- CRIMINAL REVISION No. - 253 of 2011 Revisionist :- Sri Krishna Opposite Party :- State of U.P. and Another Counsel for Revisionist :- Madhukar Dixit,Bhaskar Tripathi Counsel for Opposite Party :- Govt. Advocate,Surya Kant Mishra Hon'ble Dinesh Kumar Singh,J.
1. Heard Sri Bhaskar Tripathi, learned counsel for the revisionist and Sri G.D. Bhatt, learned AGA and perused the record.
2. This revision has been filed for enhancement of the sentence awarded to the accused-respondent no.2, whereby the trial court had convicted and sentenced the accused-respondent no.2 for the offence under Section 308 IPC for a period of three years rigorous imprisonment with fine of Rs.2,000/-, and under Section 323 IPC for a period of six months rigorous imprisonment and in default of payment of fine, three months additional imprisonment, vide judgement and order dated 3.3.2011 passed in Session Trial No.173 of 2009.
3. The incident allegedly took place in the year 2007. The judgment and order of the trial court is dated 3.3.2011. This revision was filed in the year 2011 and thus, it has remained pending for the last 11 years.
4. I have gone through the impugned judgment and order of the trial court carefully and perused the evidence on record.
5. I do not find any ground to interfere with the impugned judgement and order inasmuch as the trial court after considering the evidence, has come to this conclusion. The view taken by the court below is neither perverse nor illegal nor impossible. Therefore, this Court in exercise of its revisional jurisdiction under Section 397/401 Cr.P.C. does not want to interfere with the impugned judgement and order.
6. Revision being without any merit and substance, is dismissed.
Order Date :- 24.8.2022
Rao/-
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