IQBAL @ KARIGAR & ANOTHER Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) Facts, in brief, are that a Criminal Case No. 334/2003, State v. Yusuf & 2 Others, was proceeded in the Court of Chief Judicial Magistrate, Bageshwar, wherein three accused persons, namely, Yusuf, Iqbal @ Karigar and Rais Ahmad @ Champian were tried for the offences under Section 379 & 411 IPC. Learned Chief Judicial Magistrate, Bageshwer vide his judgment and order dated 22.3.2004 convicted all the three accused persons for the offence under Section 411 IPC and sentenced each one of them to undergo imprisonment for a period of one year and a fine of Rs. 500/- each. However, benefit of doubt was extended to all the three accused persons and they were acquitted from the charge of offence punishable under Section 379 IPC. Feeling aggrieved, accused persons filed two separate appeals before the Sessions Judge, Bageshwer. Criminal Appeal No. 1/2004 was filed by Iqbal @ Karigar and Rais Ahmad @ Champian i.e. present revisionists, while Criminal Appeal No. 2/2004 was filed by Yusuf. Learned Sessions Judge, Bageshwar affirmed the finding of conviction and sentence awarded by the trial court and dismissed both the aforesaid criminal appeals on 12.5.2004.

(2.) Feeling disgruntled, accused convicts filed two separate criminal revisions before this Court. Criminal Revision No. 79/2004, preferred by accused revisionist Yusuf was dismissed on merit by this Court on 23.12.2011, and the 2 concurrent finding recorded by the courts below was affirmed. Now, the instant revision has come up for hearing.

(3.) Heard learned Counsel for the parties and perused the papers available on record.