SHANKER Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) By way of filing the present criminal revision petition under Sec. 397 Cr.P.C. read with Sec. 401 Cr.P.C., the petitioner has prayed for the following relief:-

(2.) The Cr. Appeal No. 15/2004 filled on behalf the petitioner before the Court of learned Additional Sessions Judge cum Special Judge ST/SC (Prevention of Atrocities) Act Cases, Bhilwara was partly allowed vide judgment dtd. 1/5/2004 while upholding the conviction and sentence under Sec. 326 IPC and acquitting him for the offence under Sec. 448 IPC which were awarded to him by the learned Additional Chief Judicial Magistrate, Gangapur, District Bhilwara vide the impugned judgment dtd. 29/5/2003 passed in Regular Cr. Case No. 232/1991.

(3.) Learned Counsel for the petitioner submitted that as per the prosecution story, on 12/9/1990, the complainant submitted a report before the SHO of Police Station Gangapur, District Bhilwara alleging inter alia that at around 03.00 P.M., the accused-petitioner entered the house of his elder brother-Mewa who was sleeping and hit him with an axe on his right hand.