SHYAMBABU Vs. STATE OF MP & ANOTHER

JUDGEMENT

(1.) This revision petition under Section 397 read with Section 401 of Cr.P.C. has been filed by the applicants being aggrieved by the judgment dated 28.6.2013 passed by Xth Additional Sessions Judge, Gwalior in Cri.Appeal No.17/2012, whereby partly allowing the appeal filed by the respondent No.2, the appellant has been covicted for the offence punishable under Sections 467/34 and 468/34 of IPC and sentenced to undergo RI for three years with fine of Rs.5000/- and RI for three years with fine of Rs.5000/- respectively.

(2.) As per prosecution case, accused/applicant Shyambabu Kushwaha has created forgery in the sale deed, against which on the application being made by the respondent No.2 before the JMFC Gwalior, the FIR Ex.P/6 has been registered and the applicant was arrested and thereafter charge sheet was filed.

(3.) The JMFC framed charges against the applicant for the offences under Sections 420, 467, 468 and 471 IPC. After trial, the trial Court acquitted the applicant of the offences aforesaid, against which appeal was filed by respondent No.2 and the appellate court convicted the applicant and sentenced him as stated herein above. Hence, this revision petition.