High Court Jharkhand High Court

Sher Mohammad Khan @ Sher Mohammad … vs State Of Jharkhand on 25 September, 2008

Jharkhand High Court
Sher Mohammad Khan @ Sher Mohammad … vs State Of Jharkhand on 25 September, 2008
             IN THE HIGH COURT OF JHARKHAND AT RANCHI
                          Cr. Revision No. 834 of 2008

           Sher Mohammad Khan @ Sher Mohammad & Anr..... Petitioners
                                      -Versus-
           The State of Jharkhand.             .... ....   Opp. Party
                                   ----
       CORAM : HON'BLE MR. JUSTICE AMARESHWAR SAHAY

             For the Petitioner          :      Mr. Ram Pravesh Sharma
             For the Opp. Parties        :      A.P.P.
                    ----

       02/ 25.09.2008

Heard.

This revision application has been filed against the
judgment passed by the trial court and confirmed by the appellate
court whereby the petitioner has been convicted for the offence
under Section 3(a) of the R.P. (U.P.) Act, challenging the conviction
and sentence passed by the court below, and the counsel for the
petitioner submitted that the defence exhibits namely ‘A’, ‘B’, ‘C’
and ‘D’ has not been considered by the court below, and therefore,
the conviction and sentence passed against the petitioner be set
aside.

From the impugned judgment in paragraph Nos. 19
and 20, I find that those defence exhibits have already been
considered by lower appellate court, and therefore, in my view, the
concurrent findings on facts of both the courts cannot be interfered
by this Court. Accordingly, having found no merit, this application is
dismissed.

(Amareshwar Sahay, J.)

SI/-