KEWRA BAI Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) Heard. 1. This revision petition has been preferred against the judgment dtd. 5/12/2017, passed by the appellate Court by 8th Additional Sessions Judge, District- Bilaspur in Criminal Appeal No.196 of 2017, by which the judgment of conviction and sentence of the trial Court dtd. 29/8/2017 in Criminal Case No.833 of 2014 was upheld and the appeal was dismissed.

(2.) The applicants were charge-sheeted for commission of offence under Ss. 147, 294, 323 and 506 (Para-2) read with Sec. 149 of I.P.C. for which they were tried. The learned trial Court vide judgment dtd. 29/8/2017 acquitted the applicants from the charges under Ss. 294, 323 and 506 (Para-2) read with Sec. 149 of I.P.C., however all the applicants were convicted for offence under Sec. 147 of I.P.C. and sentenced only with fine of Rs.1000.00 with default stipulation. The learned appellate Court has vide impugned judgment upheld the judgment of the trial Court and dismissed the appeal.

(3.) It is submitted by learned counsel for the applicants that the impugned judgment and the judgment of the trial Court both are erroneous and against the facts, law and evidence of the case. The applicants were falsely implicated in the case which is fully concocted. The conviction under Sec. 147 of I.P.C. against the applicants cannot sustain as the applicants have been acquitted from the other charges under Sec. 294, 323 and 506 (Para-2) read with Sec. 149 of I.P.C. The essential ingredients of the offence of riot as defined in Sec. 146 of I.P.C. were not specifically proved by the prosecution.