ARUN SHARMA Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) These Revision Petitions have been preferred on behalf of petitioner(s) under Section 397 read with Section 401 of the Code of Criminal Procedure (herein after referred to as Cr.P.C. in short) against the judgment dated 31.10.2019 passed by learned Sessions Judge (Forest), Shimla in Criminal Appeal No. 9-S/10 of 2018/17, titled as State of H.P. Vs. Arun Sharma and others, whereby after reversing the judgment dated 13.12.2016 and setting aside acquittal of petitioner(s) passed by learned Additional Chief Judicial Magistrate, Court No. 1, Shimla in case No. 110-2 of 2013/10, titled as State of Himachal Pradesh Vs. Arun Sharma and others, in case FIR No. 66/2009, dated 8.11.2009, Registered in Police Station New Shimla, under Sections 452, 147, 148, 323, 324, 506 read with Section 149 IPC, petitioner(s) have been convicted under Sections 452, 147, 148, 323, 324 and 506 read with Section 149 IPC. Maximum sentence has been awarded under Section 452 read with Section 149 IPC, whereby each petitioner has been sentenced to undergo rigorous imprisonment for 2 months and fine of Rs.3,000/- each. Details of sentence awarded in each offences are not relevant for the purposes of question being decided by this order.

(2.) It is a fact that the trial Court, i.e. learned Additional Chief Judicial Magistrate had acquitted the petitioners, which was assailed by the State in an appeal filed under Section 378 Cr.P.C., wherein the judgment impugned herein has been passed by learned Sessions Judge (Forest), Shimla, convicting the petitioners as referred supra.

(3.) Now these Revision Petitions have been filed under impression that no second appeal is maintainable on behalf of petitioners. It is matter of fact that appeal before learned Sessions Judge was filed by the State and not by the petitioners and petitioners are assailing their conviction for the first time, therefore, at any stretch of imagination, filing of appeal assailing the impugned judgment therein, it could not be termed as filing of second appeal by the petitioners.