LAWS(MPH)-2024-3-11

RESU Vs. STATE OF MADHYA PRADESH

Decided On March 13, 2024
Resu Appellant
V/S
STATE OF MADHYA PRADESH Respondents

JUDGEMENT

(1.) The appeal being arguable is admitted for final hearing.

(2.) Heard on I.A.No. 4899 of 2024, first application under Sec. 397(1) of Cr.P.C. for suspension of sentence and grant of bail moved by the petitioner.

(3.) This criminal revision assails the judgment dtd. 21/2/2024 passed in Criminal Appeal No.132/2022 by First Additional Judge to the Court of First Additional Sessions Judge, Datia whereby the appellate Court has partly allowed the appeal filed by the complainant challenging the judgment of acquittal dtd. 27/09/2022 passed by Judicial Magistrate First Class, Bhander, District Datia in Criminal Case No.132/2017, whereby, learned JMFC has acquitted the petitioners for the offences punishable under Ss. 294, 325 read with Sec. 34 and 506 Part II of IPC. However, in appeal, learned first appellate Court has set aside the judgment passed by learned trial Court and maintained the findings recorded by learned trial Court in respect to acquittal of petitioners for the offences punishable under Ss. 294 and 506 Part II of IPC and sentenced them to one year R.I. under Sec. 325/34 of IPC with fine of Rs.1000.00 each with default stipulation.