BADANIYA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Instant revision petition under Sec. 397/401 Cr.P.C. has been filed by the petitioners challenging the judgment dtd. 22/5/2017 passed by learned Additional Sessions Judge No.2, Nimbahera, District Chittorgarh (hereinafter referred to as 'the appellate court') in Criminal Appeal No.34/2015 by which the appellate court dismissed the appeal of the petitioners and upheld the judgment dtd. 26/7/2012 passed by the learned Judicial Magistrate, Mandphiya, District Chittorgarh (hereinafter referred to as 'the trial court') in Criminal Regular Case No.77/2008, whereby, the learned trial court convicted and sentenced the present petitioners as under :

(2.) All the sentences were ordered to run concurrently.

(3.) Brief facts of the case are that on 27/6/1996, complainant Lalia submitted an oral report at Police Station Bhadesar to the effect that the accused persons namely Badaniya, Munna, Kailashiya, Rameshiya, Ganpat & Bhanwariya came armed with deadly weapons like sword, axe, dhariya etc. and caused grievous injuries to the complainant and his father. On this report, the police registered the case against the accused-petitioners for offences under Ss. 147, 148, 149, 323 IPC and started investigation.