SITA DEVI Vs. STATE OF DELHI

JUDGEMENT

(1.) ON 5.3.2003, the learned Metropolitan Magistrate had convicted Sita Devi and Uma Rani for the offence under Section 323 of the IPC; vide order of sentence dated 10.3.2003, they had been sentenced to be released on probation of good conduct for a period of 6 months on their furnishing a personal bond in the sum of Rs. 5,000/ - with one surety of the like amount as also to keep peace and good behavior.

(2.) THIS judgment had become a subject matter of an appeal filed before the Additional Session Judge. The Additional Session Judge vide impugned judgment dated 5.8.2003, had confirmed the conviction of both the petitioners under Section 323 of the IPC; no modification had also been made in the sentence of probation which had been granted to them.

(3.) THERE are two concurrent findings of fact by two Courts below; this Court in its revisional power would interfere only when there is a palpable error of law or a wrong view taken or where the lower Court mis -appreciated the evidence which has resulted in a failure of justice and not otherwise.