Court No. - 41
Case :- CRIMINAL REVISION No. - 1033 of 1992 Revisionist :- Khumna And Ors.
Opposite Party :- State Counsel for Revisionist :- G.S. Hajela Counsel for Opposite Party :- A.G.A.
Hon'ble Mrs. Sunita Agarwal,J.
The present revision is directed against the judgment and order dated 06.07.1992 passed by the Special Judge (Dacoity Affected Area), Lalitpur in Criminal Appeal No.11 of 1992 partly allowing the appeal of the applicant Nos.1 to 3/revisionist Nos.1 to 3 herein and dismissing the appeal of the applicant No.4/revisionist No.4 herein in setting aside the conviction of each of the applicant under Sections 323/34, 324/34, 504 & 504(2) IPC as also the judgment and order dated 05.02.1992 of the Additional Chief Judicial Magistrate, Mahroni, Lalitpur in Case No.133 of 1990 convicting the applicant Nos.1 to 3 under Section 323/34 IPC and sentencing each of them three months simple imprisonment and a fine of Rs.200/-, under Section 324/34 IPC, six month simple imprisonment and a fine of Rs.300, under Section 504 I.P.C, one month rigorous imprisonment and under Section 504(2) I.P.C, three months rigorous imprisonment and releasing the applicant No.4 on probation of one year.
Having perused the judgment of the trial court and the order passed in appeal, no infirmity is found in the decision for keeping the respondent No.4 on probation for one year. There is no infirmity in sentencing the accused-revisionist Nos.1 to 3 with fine imposed by the appellate court. There is nothing on record which would indicate that the revisionist No.4 had indulged in any unlawful activity after the said decision.
As no material illegality or procedural impropriety is found and the present revision is pending for a period of more than 27 years, no interference is required.
The criminal revision is, however, rendered infructuous.
Dismissed as infructuous.
Certify the judgment to the court below immediately.
Order Date :- 28.11.2019 Himanshu