SHAKEEL @ DENGER & ANOTHER Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) HEARD learned counsel for the accused -petitioners as well as learned Public Prosecutor appearing on behalf of the respondent -State. This revision petition under Section 397 read with Section 401 Cr.P.C. has been filed against the judgment and order dated 13.06.2011 passed by Additional Sessions Judge, No. 4, Kota (hereinafter referred to as 'the Appellate Court') in Criminal Appeal No. 6/2011, whereby the Appellate Court dismissed the appeal filed by the accused -petitioners and upheld the judgment of conviction and order of sentence dated 04.04.2011 passed by learned Additional Chief Judicial Magistrate, No. 5, Kota(hereinafter referred to as 'the Trial Court') against the accused -petitioners in Criminal Case No. 507/2008, whereby, the learned Trial Court convicted and sentenced the accused -petitioners under Section 392/34 IPC to undergo five years rigorous imprisonment and a fine of Rs. 1,000/ - each, in default of payment of fine each accused -petitioner to further undergo one month's rigorous imprisonment.

(2.) THE concise facts of the case are that a written report (Exhibit P -14) was submitted on 22.06.2008 by the complainant Raees Khan S/o. Jameel Khan at Police Station Gumanpura, Kota with regard to an incident which occurred on same day. On the basis of aforesaid report, a criminal case No. 345/2008 was registered for the offence under Section 392/34 IPC and investigation commenced in the matter. After due investigation, charge -sheet was filed against accused -petitioners. Thereafter, the Trial Court framed charge against the accused -petitioners under Section 392/34 IPC. Accused -petitioners denied the allegation of commission of aforesaid offence against them, pleaded innocence and claimed trial.

(3.) AFTER scrutiny of the material on record and evidence produced by the prosecution as well as statements of accused -petitioners under Section 313 Cr.P.C., learned Trial Court vide judgment and order dated 04.04.2011 convicted and sentenced the accused -petitioners as stated hereinabove. Against the said judgment and order, accused -petitioners preferred an appeal before the Appellate Court and the Appellate Court vide judgment and order dated 13.06.2011 dismissed the appeal of the accused -petitioners and maintained the judgment and order passed by the Trial Court.