ARJUN SINGH PATEL Vs. RAM KUMAR PATEL

JUDGEMENT

(1.) This criminal revision is directed against the judgment dated 27/05/2010 passed by learned 2nd Additional Sessions Judge, (FTC) Korba in S.T. No. 38/2008 whereby non?applicant No. 1 has been convicted for offences punishable under Sections 498A and 304B of IPC and he has been sentenced to undergo RI for 7 years and 1 year, respectively, however, non?applicants No. 2 and 3 have been acquitted from the charges under Sections 498A, 302/34 and 304B of IPC.

(2.) When the matter is taken up for hearing on admission, Mr. Animesh Tiwari, learned counsel for non?applicant No. 4/State, would submit that the impugned judgment of conviction of non?applicant No. 1 and acquittal of non?applicants No. 2 and 3 has been passed on 27/05/2010, as such, in view of the proviso to Sec. 372 of CrPC which has been brought into force in the statute book with effect from 31/12/2009, the instant revision would not be maintainable and the remedy of the applicant/victim's father would be to prefer an appeal. It has also been stated at the Bar that non?applicant No. 1, being aggrieved from his conviction for offences punishable under Sections 498A and 304B of IPC, preferred Criminal Appeal No. 376/2010 (Ram Kumar v. State of Chhattisgarh) which has been dismissed on merits by this Court vide judgment dated 14/08/2013.

(3.) Mr. Awadh Tripathi, learned counsel for the applicant, could not competently dispute the said legal position of non?maintainability of the instant revision.