SHANKAR CHHANA VASAVA Vs. STATE

JUDGEMENT

(1.) The issue involved in this Revision Application is whether the trial Court i.e. the Court of Chief Judicial Magistrate, Dadra and Nagar Haveli, Silvassa and the Court of Sessions Judge, Dadra Nagar Haveli have committed illegality in convicting first four Applicants for the offences punishable under Ss. 341, 323 r/w 34 of the Indian Penal Code (for short "IPC"). They were charge-sheeted by the Silvassa Police Station for assaulting the first informant - Suresh Madambil Kalerical on 29/3/2007 at about 22.30 hours at village Athal, Sindhur Faliya.

(2.) After trial, the sentence imposed is as follows:-

(3.) This Court as per order dtd. 17/2/2017 was pleased to admit the Revision. That is how, I have heard learned Advocate Ms. Jane Cox for the Applicants and learned Advocate Shri Harsh Dedhia for Respondent No.1. Both of them have advanced arguments on the issue of scope of revision as well as on the point of appreciation of evidence made rightly or wrongly by both the Courts below. On the point of scope of revision, both of them also relied upon few of the judgments. Ms. Cox relied upon the following judgments:-