RAM SURESH TEWARI Vs. STATE

JUDGEMENT

(1.) B. K Sharma, J. This is a revision against the judgment and order dated 13th December, 1985 passed by the IIIrd Additional Sessions Judge, Ballia, Sri U. C. Misra in criminal appeal No. 63 of 1985 whereby he dismissed the appeal against the judgment and order dated 2nd April, 1988 passed by Sri V. N. Shukla, the then C. J. M Ballia in criminal case No. 380/84. State v. Ram Suresh Tewari under Section 380, IPC and confirmed the conviction of the accused Ram Suresh Tewari for the offence under Section 380, IPC and the award of the benefit of the Probation Act by the learned CJM.

(2.) HEARD the learned Counsel for the parties. The learned Counsel for the accused revisionist has pointed out that the appel late court himself noticed discrepancy between the prosecution story in the writ ten FIR lodged in the case and the prosecution evidence led at the trial court and that he also found the testimony of the two eye-witnesses, Mahesh PW-2 and Sri Gopal PW-3 doubtful and yet he upheld the conviction of the accused-revisionist for offence under Section 380, IPC. He has also argued that there was a cross case and a cross FIR and the cross version was not considered by the courts below.

(3.) THE appellate court taking into ac count the distance between the house of Mahesh PW-2 and Sri Gopal PW-3 and the scene of occurrence felt that these wit nesses might not have come to the spot at the time of the arrest but he took note of the fact that these persons had no enmity with the accused revisionist and could have reached there subsequently and seen the accused in custody and found the mouth of the bullock tied with rope.