Allahabad High Court
Vijay Kishore And Another. vs State Of U.P.And Another. on 3 June, 2022
Bench: Ajai Kumar Srivastava-I
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
?Court No. - 15
Case :- CRIMINAL REVISION No. - 428 of 2005
Revisionist :- Vijay Kishore And Another.
Opposite Party :- State Of U.P.And Another.
Counsel for Revisionist :- Amitabh Tripathi,Arvind P. Singh,Rakesh Kumar Shukla
Counsel for Opposite Party :- Govt.Advocate
Hon'ble Ajai Kumar Srivastava-I,J.
List has been revised.
No one has responded on behalf of the revisionist.
This matter pertains to the year 2008, therefore, I have heard Sri Alok Saran, learned A.G.A. for the State and perused the record with his assistance.
This revision has been directed by the revisionist under Section 397/401 Cr.P.C. against the judgment and order dated 10.05.2005, passed by Sessions Judge, Raebareli, in Criminal Appeal No.60/2004, Raj Kishore and others vs. State of U.P., uphelding the conviction of the revisionists under Section 323 I.P.C. arising out of the judgment and order dated 18.11.2004 passed by C.J.M., Raebareli in Criminal Case No.1738 of 1999, under Sections 323/34, 325/34 I.P.C., Police Station Millarea, District Raebareli, whereby the revisionists, namely, Vijay Kishore and Raj Kishore were convicted and sentenced with a fine of Rs.1000/- each and in default of payment of fine, three months simple imprisonment would be imposed.
The brief facts of the case are that the alleged F.I.R. was lodged to the effect that on 14.07.1991 at about 6.00 P.M. when the complainant was going to procure tractor to plough his field, the accused persons gathered and gave him filthy abuses. When he restrained from abusing them, they beaten him from Lathi. Hearing commotion, the brother of the complainant came on the spot. He was also beaten by the accused persons and was given threat of life. After investigation chargesheet was filed against the accused.
Thereafter, the trial of the present case was concluded by learned trial Court, vide order dated 18.11.2004, passed by C.J.M., Raebareli in Criminal Case No.1738 of 1999, whereby the trial Court has convicted the revisionists for the offence under Section 325/34 I.P.C. accordingly, have been to undergo one year rigorous imprisonment, in addition thereto, a fine of Rs.500/- has also been imposed and in case of non-payment of fine, they shall undergo additional imprisonment for one month. They have also been convicted for the offence under Section 323/34 I.P.C. and accordingly, have been sentenced to undergo three months rigorous imprisonment. Aggrieved by the said judgment of learned trial court dated 18.11.2004, revisionists had filed an appeal, bearing appeal no.60/2004, before the Sessions Court, wherein the learned Sessions Judge, vide impugned judgment and order dated 10.05.2005, came to the conclusion that the case under Section 325/34 is not proved, however, case under Section 323/34 was found proved, so the accused persons were convicted and sentenced with a fine of Rs.1000/- each and in default of payment of fine, three months simple imprisonment would be imposed. Thus, the instant criminal revision came to be filed by the revisionists.
Learned A.G.A. has submitted that the impugned order is based on sound reasoning and after due analyses of evidence available on record wherein no interference is warranted.
From perusal of the record, it is apparent that the Trial Court has properly appreciated the evidence on record and passed a well reasoned and detailed order after considering the entire evidence available on record including the medical report and other material on record. Therefore, in the considered opinion of this Court, there is no illegality or irregularity in the order impugned, which may warrant interference of this Court.
The revision lacks merit and it is, accordingly, dismissed.
Office is directed to send a copy of this order to the Court concerned through email/fax immediately for necessary compliance.
[Ajai Kumar Srivastava-I,J]
Order Date :- 3.6.2022
A.Dewal
