PATEL MULIBEN BABALDAS Vs. AMRUTLAL KHEMCHANDDAS

JUDGEMENT

(1.) Heard learned advocate Ms. Meena Kumar for the appellant. Ms. C.M.Shah, learned Additional Public Prosecutor, for the State. None is present for the respondent Nos.1 and 2 in appeal and respondent of Criminal Revision Application.

(2.) Original complainant has preferred this appeal under Section 378(4) of the Code of Criminal Procedure, 1973 challenging the order of acquittal dated 29th February, 1992 passed by the Chief Judicial Magistrate, Mehasana in Criminal Case No.3098 of 1982 acquitting the respondent Nos.1 and 2 i.e. original accused Nos.2 and 4 respectively of the charge of committing the offence punishable under Sections 500 read with Section 114 of the I.P.C. The complainant has also preferred Civil Revision Application No.236 of 1992 challenging the order dated 29.2.1992 whereunder despite convicting the accused No.3 Jashwantlal Khemchanddas Patel granted him benefit of probation of good conduct under Section 360 of the Code of Criminal Procedure, 1973 as well as the Sections 4 and 5 of the Probation of Offenders Act on the ground that the Court committed serious error in granting probation to accused No.3 and it should be quashed and set aside.

(3.) As both these proceedings namely Criminal Appeal No.812 of 1994 and Criminal Revision Application No. 236 of 1992 are assailed against the order of learned Chief Judicial Magistrate, Mehsana passed in Criminal Case No. 3098 of 1982, these appeal and Revision Application are heard together and are being disposed of by this common judgment and order.