IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
O R D E R
S.B. CRIMINAL REVISION PETITION NO.0868/2004
OM PRAKASH MITTAL & ANR.
Vs.
THE STATE OF RAJASTHAN
DATE: 11.07.2011
HON'BLE MR. JUSTICE NARENDRA KUMAR JAIN
None present for the petitioners.
Ms. Rekha Madnani, Public Prosecutor
for the State.
****
Petitioners were convicted under Section 323 IPC by the Additional Chief Judicial Magistrate, Dataramgarh, District Sikar in Criminal Case No.9/1997, but instead of awarding any sentence of imprisonment, they were given the benefit of Section 3 of Probation of Offenders Act. Being aggrieved with the same, an appeal was preferred by them, but the same was dismissed by the Additional Sessions Judge No.2, Sikar vide judgment dated 31.08.2004 passed in Criminal Appeal No.23/2003.
2. Feeling aggrieved with the above order, petitioners have preferred this revision petition under Section 397 read with 401 Cr.P.C. before this Court way back on 04.12.2004.
3. Registry pointed out a defect way back on 10.12.2004, but despite grant of time by this Court, the same has not been removed since then. Therefore, matter is again listed from defect side.
4. I have examined the impugned orders passed by both the Courts below and I find that both the Courts below, after considering oral and documentary evidence available on record, acquitted the accused-petitioners from the offence under Section 341 IPC, but convicted both of them under Section 323 IPC and instead of awarding sentence of imprisonment, gave benefit of Section 3 of Probation of Offenders Act.
5. Both the Court below have come to a conclusion that offence under Section 323 was committed by the accused persons. There is concurrent finding by both the Courts below in this regard. No illegality or perversity has been committed by both the Courts below so as to interfere with the orders passed by them.
6. There is no merit in this revision petition and the same is, accordingly, dismissed.
(NARENDRA KUMAR JAIN),J.
/KKC/
IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
ORDER
S.B.CRIMINAL MISC. STAY APPLICATION INWARD NO.3468/DATED 06.12.2004
IN
S.B. CRIMINAL REVISION PETITION NO.0868/2004
OM PRAKASH MITTAL & ANR.
Vs.
THE STATE OF RAJASTHAN
DATE: 11.07.2011
HON’BLE MR. JUSTICE NARENDRA KUMAR JAIN
None present for the petitioners.
Ms. Rekha Madnani, Public Prosecutor
for the State.
****
Since the revision petition itself has been dismissed, therefore, this stay application does not survive and the same also stands dismissed.
(NARENDRA KUMAR JAIN),J.
/KKC