JITESH KUMAWAT Vs. ASHOK KUMAR

JUDGEMENT

(1.) THIS criminal revision petition under Section 397 Cr.P.C. is directed against the judgment and order dated 27.11.2002 passed by Special Judge, SC/ST (Prevention of Atrocities Cases), Udaipur (for short 'the appellate Court' hereinafter) in Criminal Appeal No. 62/2000, whereby the appeal filed by the petitioner against the judgment and order dated 25.8.2000 passed by the Judicial Magistrate No. 1 (South) Udaipur (for short 'the trial Court' hereinafter) in Criminal Case No. 188/99 was dismissed and conviction and sentence awarded by the trial Court was affirmed. Aggrieved by the judgment and orders impugned, the petitioner has filed the instant revision petition.

(2.) I have heard learned counsel for the parties and perused the judgment and order of the appellate court as well as of the trial court. I have carefully gone through the record of the trial Court.

(3.) THE trial court on appreciation of the evidence on record came to the conclusion that non-petitioner has proved the case beyond reasonable doubt against the petitioner for the offence under Section 138 of the Act and accordingly he was convicted for the said offence and sentenced to one year simple imprisonment and a fine of Rs. 1,25,000/-, in default of payment of fine to further undergo 3 months imprisonment. It was further directed that out of the fine amount of Rs. 1,25,000/-, a sum of Rs. 1,20,000/- be paid to the non-petitioner No. 1 as compensation. The judgment and order passed by the trial Court was challenged by the petitioner before the appellate Court. The appellate court on re-appreciation of the evidence came to the conclusion that non-petitioner No. 1 has proved his case beyond reasonable doubt against the petitioner and accordingly the appeal filed by the petitioner was dismissed and conviction and sentence passed by the trial court was affirmed.