MAHESH CHANDRA Vs. STATE OF U. P.

JUDGEMENT

(1.) Heard learned counsel for the parties and perused the record.

(2.) This revision has been preferred by the revisionist under Sec. 397 read with Sec. 401 Cr.P.C. against the judgment and order dtd. 18/3/2004 passed by the Additional District Sessions Judge/ F.T.C.-II, Sultanpur in Session Trial No. 192 of 2002: State Vs Raja Ram, whereby the respondent no. -2 was convicted under Sec. 304 Part II I.P.C. instead of Sec. 302 I.P.C. and was sentenced for five years imprisonment and fine of Rs.1000.00.

(3.) Learned counsel for the revisionist submits that the court below did not appreciate the evidence on record. He further submits that prosecution has successfully proved the offence against the accused/ opposite party No.2 on the basis of evidence. The judgement was passed without considering the statement of witnesses and the case was set up by the prosecution upon surmises and conjectures.