BALBIR SINGH Vs. STATE OF UTTARANCHAL

JUDGEMENT

(1.) By Means Of Present Criminal Appeal, Convictappellant Challenged The Impugned Judgment And Order Dated 24Th August, 2002, Whereby The Accused-Appellant Balbir Singh Was Convicted Of The Offence Punishable Under Section 323 Ipc And Was Directed To Undergo Simple Imprisonment For Three Months Along With A Fine Of Rs. 500/-, In Default Of Payment Of Which, He Was Required To Undergo Further Simple Imprisonment For Two Months. He Was, However, Acquitted Of The Charge Under Section 3(1) (X) Of The Scheduled Castes And Scheduled Tribes (Prevention Of Atrocities), Act 1989. Aggrieved Against His

(2.) Learned Counsel For The Appellant Submitted At The Very Outset That He Has Nothing To Say On The Merits Of The Case. Learned Counsel Prayed That The Accused-Appellant Is Not A Previous Convict, Therefore, He Should Be Granted Benefit Of Section 4 Of The Probation Of Offenders Act, 1958.

(3.) In View Of The Above Submission Of Learned Counsel For The Appellant, The Conviction Of The Appellant As Regards The Offence Complained Of Against Him (Section 323 Ipc) Is Affirmed. Otherwise Also, On The Basis Of Evidence On Record, There Appears To Be No Reason To Interfere With The Findings Arrived At By The Trial Court.