Citation : 2022 Latest Caselaw 9114 ALL
Judgement Date : 3 August, 2022
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH ?Court No. - 10 Case :- CRIMINAL REVISION No. - 205 of 2011 Revisionist :- Haseeb And Another Opposite Party :- State of U.P. and Another Counsel for Revisionist :- Sudhir Kumar Singh,Aruna Singh,Rajendra Kumar Gupta Counsel for Opposite Party :- Govt. Advocate Hon'ble Dinesh Kumar Singh,J.
1. Present revision under section 397 readwith section 401 Cr.P.C. has been filed impugning the Judgment and order dated 03-05-2011 passed by the learned Additional Sessions Judge, Court No. 4, Faizabad in Criminal Appeal No. 17 of 2011 instituted by the accused-revisionists against the Judgment and Order dated 14-12-2010 passed by the learned trial court convicting and sentencing the accused-revisionist, Haseeb under section 323 I.P.C. for two years simple imprisonment with a fine of Rs. 1,000/- and in default of payment of fine, he was further directed to undergo 15 days additional imprisonment. The other accused-revisionist, Juber was convicted and sentenced under section 323 I.P.C. for a period of three months simple imprisonment and to pay fine of Rs. 500/- In default of payment of fine, the accused-revisionist, Juber was further directed to undergo 15 days additional imprisonment. It was further directed that the sentences would run concurrently. During the pendency of this revision, accused-revisionist Juber had died as per the report of learned C.J.M. dated 09.03.2022
2. The appellate court again re-appreciated the entire evidence and came to the same conclusion as arrived at by the learned trial Court and dismissed the appeal.
3. This court has considered the Judgments of the two courts below and does not find that the two courts below have committed any error of law or jurisdiction which warrants this court to interfere with concurrent findings recorded by the two courts below.
4. This revision is devoid of merit,which is hereby dismissed in so far as it relates to accused-revisionist, Haseeb.
5. This revision, in so far as the accused-revisionist, Juber, is concerned, it stands abated in view of the report dated 09-03-2022 submitted by the Chief Judicial Magistrate, Faizabad that accused-revisionist, Juber had died.
Order Date :- 3.8.2022
AKS
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