JANKI BAI Vs. STATE OF M P

JUDGEMENT

(1.) By this revision petition the applicants seek to challenge the correctness, validity and propriety of the judgment passed in Criminal Appeal No. 123 of 1999 by the learned Sessions Judge, Raigarh on 5-1-2000, while setting aside the conviction of the applicants recorded by the Trial Court for offences punishable under Sections 186 and 353 hut convicting them for offences punishable under Section 323, IPC has awarded them three months R.I.

(2.) On the prosecution allegations that on the date of the incident the present applicants pelted stones on the revenue party, when the revenue party had gone to deliver possession of the premises to the third party and even after interference of the police they did not stop rather continued pelting stones on the police personnel a case was registered against the applicants. On completion of the investigation the challan was filed before the Competent Court on which Criminal Case No. 719 of 1997 was registered. The learned Judicial Magistrate First Class, Sarangarh after finding against the present applicants convicted each of the applicant for offences punishable under Sections 186 and 353, IPC. The Appellate Court as observed above acquitted each of the applicant of the said offences but however convicted each of them under Section 323, IPC and sentenced them to undergo R.I. for three months.

(3.) Learned counsel for the applicants submits that from the evidence available on the record it would clearly appear that the findings recorded by the two Courts arc contrary to records and as the Courts below have not seen the evidence in its true perspective each of the applicant deserves to be acquitted. On the other hand, learned counsel for the State submits that from the findings recorded by the two Courts it would clearly appear that each of the applicant has been rightly held guilty for commission of the offences.