Court No. - 49
Case :- CRIMINAL REVISION No. - 1183 of 1990 Revisionist :- Raj Nath & Others Opposite Party :- State Of U.P. & Others Counsel for Revisionist :- A.K.,Birendra Kumar Counsel for Opposite Party :- N.G.A.
Hon'ble Harsh Kumar,J.
List revised. No one is present for revisionists.
Heard Sri Faheem Ahmad, learned AGA for the State and perused the record.
Perusal of record shows that in Case Crime No.56 of 1987, State Vs. Pancham and others, under sections 324 and 326 IPC, the learned Magistrate, Varanasi convicted three accused Pancham for the offences under sections 324 and 326 IPC and Sita Ram & Shyam Lal for the offences under sections 324/34 and 326/34 IPC vide order dated 2.7.1987. Feeling aggrieved, the convicted persons have preferred Criminal Appeal No.155 of 1987, which was allowed and confirming the conviction, the Appellate Court modified the sentence and converted it from imprisonment and fine to fine only. Feeling aggrieved, the victims Rajnath and Ramdhan Ram have preferred this revision.
Upon hearing learned A.G.A and perusal of record, I find that since the concurrent finding of conviction of revisionist passed by two courts below is finding of fact and there is no manifest error or perversity in the above finding of fact, so the above finding of fact may not be interfered with in this revision.
In view of discussions made above, I find that there is no illegality, irregularity, incorrectness or impropriety in the impugned order and there is no sufficient ground for interfering with or setting it aside the impugned order. The revision has got no force and is liable to be dismissed.
The revision is dismissed, accordingly. The revisionist shall deposit the amount of fine as per modified order of the Appellate Court dated 24.4.1990 within three months from the date of service of notice, failing which they will have to undergo the default sentence of 45 days of rigorous imprisonment as per impugned order dated 24.4.1990.
Interim order, if any, stands vacated.
Let a copy of order be sent to C.J.M., Varanasi for serving the revisionist with copy of this order and notice to deposit fine and ascertain necessary compliance.
Order Date :- 24.3.2018 Tamang