RATAN SINGH 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. 11/9/2003 passed by learned Additional Sessions Judge, (Atrocities of Women), Bhilwara (hereinafter referred to as 'the appellate court') in Criminal Appeal No.57/2003 (63/2002) by which the appellate court dismissed the appeal of the petitioner and upheld the judgment dtd. 31/10/2002 passed by the learned Additional Chief Judicial Magistrate, Bhilwara (hereinafter referred to as 'the trial court') in Criminal Case No.21/1992, whereby, the learned trial court convicted and sentenced each of the present petitioner as under :

(2.) Brief facts of the case are that in this case, the learned trial court vide order dtd. 23/2/1991 convicted the accused persons including the petitioners for offences under Ss. 148, 323/149 IPC but gave them benefit of Sec. 4 of Probation of Offernders Act. Against the said order, the complainant Ladu Singh filed an application on 27/1/1992 to the effect that accused persons murdered his father Bhopal Singh on 8/9/1991, therefore, the bail bonds of the accused-petitioners may be cancelled and order of sentence may be passed against them. An FIR was also registered against the accused persons. Subsequently, an application was also filed by the complainant on 8/9/1997 stating that the accusedpersons were convicted and sentenced for life imprisonment by the learned Additional Sessions Judge, Bhilwara. Therefore, sentence may also be awarded to the accused-persons in this case.

(3.) After hearing the learned counsel, the trial court came to the conclusion that the accused-petitioners violated the conditions during probation period as imposed in the order dtd. 23/2/1991 and vide order dtd. 31/10/2002 convicted and sentenced the accusedpetitioners for offences as mentioned earlier. Aggrieved by their conviction and sentence, the petitioners preferred an appeal before the learned appellate court, which came to be dismissed vide judgment dtd. 11/9/2003. Hence this revision petition.