MAGANLAL BAVABHAI PATEL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The petitioner-accused has questioned the legality and validity of the conviction order passed against him for the offence punishable under Section.341 of the Indian Penal Code (the lPC for short) by the learned Judicial Magistrate (First Class) Gandevi in Criminal Case No. 282 of 1081 which was confirmed by the learned Sessions Judge at Bulsar in Criminal Appeal No. 50 of 1982 by invoking the aids of the provisions of Section 307 read with Section 401 of the Code of Criminal Procedure 1973 (the Code for short hereinafter).

(2.) Respondent No. 2 Mr. Manibhai Kalyanji Kevat is the original complainant who had filed criminal complaint against the petitioner for the alleged offences punishable under Sections 341 451 and 420 of the IPC On assessment and analysis of the evidence the Trial Court held the accused guilty for the offences punishable under Section 341 of the IPC and awarded a sentence of fine of Rs. 200 and in default to undergo imprisonment for 15 days in the aforesaid criminal trial on 31 which was confirmed by the learned Sessions Judge in Criminal Appeal No. 50 of 1982. The appeal was summarily dismissed at the admission stage on 15-10-1982. Hence this revision at the instance of the original accused.

(3.) It is true that the jurisdic tional sweep of the revisional Court is very much circumscribed. Unless and until illegality perversity or misreading of the evidence is pointed out or spelt out in the record the revisional Court will not be in a position to interfere with the findings of the Courts below. Having examined the facts and circumstances emerging from the record of the present case carefully and after dispassionately hearing both the sides this Court is convinced that the impugned conviction order recorded by the Trial Court and confirmed by the Sessions Court is unjust and perverse.