MUNNA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Instant revision petition under Sec. 397/401 Cr.P.C. has been filed by the petitioner challenging the judgment dtd. 22/5/2017 passed by learned Additional Sessions Judge No. 2, Nimbahera, District Chittorgarh (hereinafter referred to as Rs.the Appellate Court') in Criminal Appeal No. 36/2015 by which the Appellate Court dismissed the appeal of the petitioner and upheld the judgment dtd. 18/1/2013 passed by the learned Judicial Magistrate, Mandphiya, District Chittorgarh (hereinafter referred to as Rs.the Trial Court') in Criminal Regular Case No. 77/2008, whereby, the learned Trial Court convicted and sentenced the present petitioner as under:-

(2.) 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 persons including the present petitioner and for offences under Ss. 147, 148, 149, 323 IPC and started investigation.

(3.) On completion of investigation, the police filed challan against the accused persons including the petitioner for offence under Ss. 147, 148, 149, 323, 325, 326 IPC. Thereafter, the charges of the case were framed against the accused persons including the petitioner, who denied the charges and claimed trial.