JAI PRAKASH Vs. STATE

JUDGEMENT

(1.) These two revision petitions have been filed by the two convicted accused under Section 397 of the Code of Criminal Procedure against the common judgment dated 07.10.2009 passed by the learned Additional Sessions Judge whereby separate appeals filed by them against the judgment of conviction and order on sentence passed by the trial Court convicting them for the commission of offence punishable under Section 326/34 IPC were dismissed and while affirming their conviction the sentence of five years rigorous imprisonment and fine of Rs.10,000/- awarded to both of them was also maintained.

(2.) The facts of the case were noticed by the trial Court in its judgment dated 06.05.2008 are as follows:-

(3.) After completion of investigation charge-sheet was filed in Court against four accused persons for different offences including Section 307 IPC but the Sessions Court, on the case being committed to it, did not find any case under Section 307 IPC made out and so the four accused were tried by the Additional Chief Metropolitan Magistrate under Section 326/34 IPC. The trial Court after appraisal of the evidence adduced by the prosecution as well as the accused persons convicted the revisionists herein under Section 326/34 IPC while the remaining two accused were acquitted.