Rajasthan High Court - Jodhpur
Uda Ram vs State Of Rajasthan on 12 November, 2021
Bench: Rameshwar Vyas
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S. B. Criminal Revision Petition No. 1064/2019
Uda Ram S/o Shri Naringa, aged about 60 years, By caste
Bishnoi, R/o Pur, Tehsil Sanchore, District Jalore.
----Petitioner
Versus
1. State of Rajasthan
2. Kehra S/o Shri Khinya,
3. Gordhan S/o Shri Pala,
4. Prabhu S/o Shri Gordhan,
5. Hari Ram S/o Shri Gordhan,
6. Chokha S/o Shri Gordhan,
7. Kishna S/o Shri Gokla,
8. Pocha S/o Shri Gokla,
9. Amlu S/o Shri Kehra,
10. Lakha S/o Shri Bharmal,
11. Peera S/o Shri Jai Kishan,
12. Sunda S/o Shri Bharmal,
13. Punma S/o Shri Kehra,
14. Prema S/o Shri Bharmal,
15. Harkan S/o Shri Hariya,
All by caste Bishnoi, R/o Pur, Tehsil Sanchore, District
Jalore.
----Respondents
For Petitioner(s) : Mr. Vipin Makkad
For Respondent(s) : Mr. Sudhir Tak, P.P.
HON'BLE MR. JUSTICE RAMESHWAR VYAS
Order
12/11/2021
This revision petition is reported to be barred by 17 days.
An application under Section 5 of the Limitation Act seeking
condonation of delay in filing the revision petition has been filed.
(2 of 3) [CRLR-1064/2019]
For the reasons mentioned in the application, the same is
allowed. The delay of 17 days in filing the revision petition is
condoned.
Heard learned counsel for the petitioner-complainant and the
learned Public Prosecutor on the main revision petition itself.
Perused the material on record as well as judgments impugned.
The petitioner has preferred this criminal revision petition
under Section 397/401 of Cr.P.C. assailing the Judgment dated
16.04.2019 passed by Additional Sessions Judge, Bhinmal, District
Jalore in Criminal Appeal No. 17/2014 (C.I.S. No. 149/2014),
whereby the appeal preferred by the petitioner-complainant
against the Judgment dated 27.06.2012 passed by Nyayadhikari,
Gram Nyayalaya, Sanchore, District Jalore in Criminal Case
No. 37/2010 (343/2003) acquitting the accused-respondent
Nos. 2 to 15 from the offences under Sections 447 & 427 I.P.C.,
was dismissed.
Learned counsel for the petitioner submits that the courts
below have failed to appreciate the prosecution evidence and
committed error in acquitting the accused-respondents from the
charges levelled against them. He, therefore, prays that the
revision petition may be allowed.
A perusal of the record reveals that the accused-respondents
who are 14 in number, have been acquitted from the charges
under Sections 427 & 447 of I.P.C. by the trial court on the ground
that entry of the accused on the disputed land was bonafide. The
judgment of acquittal passed by the trial court has been affirmed
by the appellate court. Learned counsel for the petitioner has
failed to point out any illegality or perversity in the judgments
impugned passed by two courts below. The offences under
(3 of 3) [CRLR-1064/2019]
Sections 427 & 447 I.P.C. are triable by Magistrate. The maximum
sentence provided under Section 447 I.P.C. is three months'
imprisonment or fine of Rs. 500/- or both.
In view of the above, there is no ground to interfere in the
judgments passed by the courts below.
Consequently, the present criminal revision petition being
devoid of any merit is dismissed.
(RAMESHWAR VYAS),J
32-Inder/-
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