RAJ MANGAL BHAGAT Vs. STATE OF BIHAR

JUDGEMENT

(1.) HEARD Mr. Manan Kumar Mishra, learned senior counsel assisted by Mr. Radha Mohan Pathak, learned counsel for the petitioner and learned A.P.P. for the State. The present revision application is directed against the appellate judgment and order dated 17.09.2002 passed by the 1 st Additional Sessions Judge, Gopalganj in Criminal Appeal No. 40 of 1986 by which the judgment and order dated 01.05.1986 passed by the Judicial Magistrate, 1st Class, Gopalganj in Trial No. 280 of 1986, has been upheld.

(2.) THE petitioner, upon trial, was convicted under Sections 452, 325 and 323 of the Indian Penal Code and sentenced to undergo rigorous imprisonment for one year under Section 452 of the Indian Penal Code, six months under Section 323 of the Indian Penal Code and two years under Section 325 of the Indian Penal Code. Earlier the case was admitted to hearing and the lower court records were called for. Learned counsel for the petitioner submits that on the basis of evidence adduced before the court as well as materials available, the benefit of doubt ought to have been given to the petitioner and thus both the conviction as well as sentence is erroneous.