Court No. - 41
Case :- CRIMINAL REVISION No. - 1005 of 1999 Revisionist :- Chhatra Singh & Another Opposite Party :- State Of U.P. & Another Counsel for Revisionist :- V.P. Srivastava Counsel for Opposite Party :- Govt. Advocate
Hon'ble Aniruddha Singh,J.
None appeared on behalf of revisionists even in the revised list. Heard learned AGA and perused the record.
This criminal appeal has been preferred against judgment and order dated 21.4.1999 passed by Vth Additional District & sessions Judge, Moradabad dismissing Criminal Appeal No.99/98 filed against judgment and order dated 20.11.1998 passed by Ist Additional Chief Judicial Magistrate, Moradabad convicting accused Chhatra Singh and Smt. Krishna Singh under Section 323 IPC and sentencing them to deposit fine of Rs.2000/- each and in case of default in deposit of fine, to undergo simple imprisonment for one month.
In brief, according to prosecution case, one complaint was filed by Smt. Shanti Singh alleging that on 8.10.1994 Chhatra Singh, Smt. Krishna Singh, Jagat Singh, Dharam Singh and few other persons had assaulted grand daughter(13 years) of complainant.
After statements under Section 200 and 202 Cr.P.C. accused were summoned and after statement under section 244 Cr.P.C., charges were framed under Sections 323/504/506 IPC. P.W.1 Smt. Shanti Singh, P.W.-2 Roma Singh and P.W.-3 Sobha Singh were examined under Section 246 Cr.P.C. and statements of accused persons were recorded under Section 313 Cr.P.C.
After hearing learned counsel for the parties, accused revisionists Chhatar Singh and Smt. Krishna Singh were convicted under Section 323 IPC and sentenced to deposit fine of Rs.2000/- each and in case of default in deposit of fine, they shall undergo simple imprisonment for one month. Other accused were acquitted. Against conviction and sentence passed by trial Court, revisionists preferred appeal No. 99/98. Appeal was dismissed vide judgment and order dated 21.4.1999. Hence this revision.
From perusal of record, it transpires that three witnesses P.W.1 Smt. Shanti Singh, P.W.-2 Roma Singh and P.W.-3 Sobha Singh have clearly stated the version of complainant alleging that accused had assaulted Sobha Singh @ Sweety. On the point of conviction, both the Courts have given concurrent finding. On the point of sentence, already lenient view has been taken by the trial Court and revisionists have been sentenced to fine of Rs.2000/- each. Hence, there is no need at this point to take lenient view in favour of revisionists. I find no illegality, impropriety, material irregularity or jurisdictional error in the impugned judgment & orders. The present revision lacks merit and is liable to be dismissed.
The revision is dismissed. Conviction and sentence awarded by trial Court vide judgment and order 20.11.1998 and affirmed by appellate Court vide judgment and order dated 21.4.1999, are hereby confirmed. Fine of Rs.2000/- be deposited within two months from the date of this judgment and order and in case of default in deposit of fine, both revisionists shall undergo simple imprisonment for one month.
Copy of this judgment be transmitted to the Court concerned for necessary compliance.
A compliance report be sent to this Court within three months. Office is directed to keep the compliance report on record.
Order Date :- 25.7.2018 P.P.