Court No. - 28
Case :- CRIMINAL REVISION No. - 5 of 1993 Revisionist :- Ram Chand Opposite Party :- State Counsel for Revisionist :- Y.K. Shukla Counsel for Opposite Party :- AGA
Hon'ble Umesh Chandra Tripathi,J.
This criminal revision has been preferred against the judgment and order dated 23.11.1992 passed by IV Additional Sessions Judge, Agra in Criminal Appeal No. 12 of 1991 (Ram Chand Vs. State) dismissing the appeal against the judgment and order dated 6.2.1991 passed by XI Additional Chief Judicial Magistrate, Agra in Case No. 1332 of 1990 (State Vs. Ram Chand) under Section 326 IPC arising out of Case Crime No. 441 of 1985, Police Station Kotwali, District Agra. By the judgment and order dated 6.2.1991 passed by XI Additional Chief Judicial Magistrate, Agra, revisionist (Ram Chand) was convicted under Section 326 IPC and sentenced to rigorous imprisonment for two years and to pay fine of Rs. 1000/- and in case of default in payment of fine, rigorous imprisonment for further six months.
As per prosecution version, on 20.11.1985 at about 8:00 PM revisionist (Ram Chand) has assaulted Kewal Ram with knife due to which he sustained grievous injuries. Witnesses of fact i.e. injured PW-1 Kewal Ram, PW-2 Gurmukhdas and PW-3 informant Sundar Lal have supported the prosecution version which is corroborated by the medical evidence. Accordingly, learned Magistrate has passed the impugned order.
From perusal of the impugned order, I am of the considered view that impugned orders passed by the courts below are based on evidence and are not perverse.
Consequently, this criminal revision stands dismissed.
From perusal of the report dated 1.5.2018 of Jail Superintendent, District Jail, Agra, it reveals that revisionist (Ram Chand) has completed his sentence. Accordingly, revisionist shall not be taken into custody.
Let a certified copy of this order be placed before the Chief Judicial Magistrate, Agra for necessary compliance.
Order Date :- 30.5.2018 Jaswant