RAMESH CHANDRA Vs. STATE OF U P

JUDGEMENT

(1.) This revision was filed in the year 1988, twenty six years ago by three revisionists, Ramesh Chandra, Jognath and Rajjab, challenging their conviction under section 147, 323, 332, 336, 426 IPC recorded by Munsif Magistrate, Khaga, Fatehpur in criminal case No.593 of 1983, State Vs Ramesh Chandra and others relating to P.S. Khaga, District Fatehpur, who was pleased to convict all the three revisionists for offences under sections 147, 323, 332, 336 and 426 IPC and the revisionists were sentenced to six months R.I. for each offences under sections 147, 323 IPC and were also sentenced to three months R.I. under sections 332, 336 and 426 IPC. Munsif Magistrate has directed all the sentences to run concurrently vide his judgment and order dated 17.11.87.

(2.) Revisionists unsuccessfully challenged to the aforesaid conviction and sentences in Criminal Appeal no.143 of 1987 before Sessions Judge, Fatehpur as vide impugned judgment and order dated 10.6.88 lower appellate court was pleased to dismiss their appeal and maintain their aforesaid conviction and sentences on all the five counts. This revision has therefore been filed questioning the conviction and sentence as aforesaid recorded by both the courts below.

(3.) In the revised list Sri I.M. Khan, learned counsel for the revisionist is not present. In view of the Apex Court decision rendered in Madan Lal Kapoor Vs. Rajiv Thapar, 2007 7 SCC 623, revision cannot be dismissed in default and, therefore with the help of Sri Rama Shanker Yadav, learned AGA, I have perused the revision and both the impugned judgments.