RAJU Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) Invoking the revisional jurisdiction of this Court under Section 397/401 of the Code of Criminal Procedure ("henceforth "Cr.P.C. ), instant revision has been filed by applicants herein calling in question the conviction for the offence under Section 342/34 of the Indian Penal Code (henceforth "IPC ) and Section 4 of Chhattisgath Protection of Debtors Act, 1937(for short "the Act, 1937) and sentenced them to undergo rigorous imprisonment of one month for each of the aforesaid offences.

(2.) The prosecution case as unfolded during course of trial is as under:

(3.) Shri Raghvendra Pradhan, learned counsel appearing for the applicants would submit that learned Special Judge has committed manifest legal error in convicting the accused/applicant Nos. 1 & 2 and applicant No. 3 (since deceased) for the aforesaid offences. Alternatively, he would submit that the sentence awarded is excessive looking to the guilt of the applicant Nos. 1 & 2 and as such the period undergone by the applicant Nos. 1 & 2 be held sufficient, by modifying the sentence so awarded.