JAGAI Vs. STATE OF U P

JUDGEMENT

(1.) This revision has been filed against the order dated 12.11.2013 passed by Addl. Sessions Judge Court No. 5, Azamgarh in Criminal Appeal No. 44 of 2009, Jagai and others v. State of U.P. whereby the judgment and order dated 27.3.2009 passed by Judicial Magistrate Court No. 25, Azamgarh in case No. 2052 of 2006 under sections 147, 352, 323, 325 and 506 IPC P.S. Jahanganj, District Azamgarh has been confirmed. Both the orders are under challenge. Heard Sri S.K.A. Rizvi learned Counsel for the revisionist and learned AGA on behalf of the State. I have perused the record including the impugned judgment and order passed by both the Courts below.

(2.) It appears from the perusal of the record that three accused-revisionist had been found guilty by the Judicial Magistrate under sections 147, 323 and 352 IPC because the evidence produced by the prosecution was found sufficient and reliable worth acting upon in proof of the aforesaid charges. But looking to the over all circumstances of the case and also the age of one of accused Santu learned Magistrate deemed it fit to take a liberal view of the matter. Judging on the point of sentence compassionately learned Lower Court decided to release the accused in accordance with the Provision of Offenders Act, 1958 on filing of personal bond of Rs. 10000/- and surety bonds in the like amount.

(3.) Aggrieved by the aforesaid judgment the accused-revisionists filed an appeal against the Trial Court's order but the same did not find favour with the Appellate Court and as a result thereof the order of the Lower Court was affirmed and the appeal got dismissed.