MOTI LAL AND ANOTHER Vs. STATE

JUDGEMENT

(1.) In the revision petition filed by the petitioners under section 397 read with 401. Cr. P.C. which is directed against the judgment and order dated 30.6.2006 passed by the learned Additional Sessions Judge (Fast Track) No. 3, Ajmer Camp Kishangarh in Criminal Appeal No. 67/2005 upholding the conviction and sentence recorded against the petitioners by the learned Additional Chief Judicial Magistrate, Kishangarh (Ajmer), a prayer has been made for suspension of sentence till the disposal of the revision petition.

(2.) Learned Counsel for the petitioners has contended that there is delay of 111/2 hours in medical examination of the injured. There is also a delay of 141/2 hours in lodging the F.I.R. after the occurrence. The prosecution witnesses, namely: Banshi Lal P.W. 2. Narayan Singh P.W. 3, Raju P.W. 4 and Badri Prasad P.W. 5 have not supported the prosecution case. The prosecution has also not examined the investigating officer. According to him, the learned Courts below have committed grave illegality in recording concurrent findings of guilt against the petitioners and sentencing them for the offences under sections 325/34. 323 and 341, I.P.C. Learned P.P. has stoutly opposed the prayer. Supporting the Judgments of the learned Courts below, he has submitted that both the learned Courts below have dealt with all the contentions raised on behalf of the petitioners. The Courts below have given concurrent findings. The scope of revisional jurisdiction of this Court is limited. The Court cannot enter upon a detailed appreciation of evidence on record particularly at the stage of suspension of sentence and cannot upset the well considered findings of guilt and sentence passed against the petitioners.

(3.) I have carefully considered the respective submissions made at the bar in the light of the relevant record. I have also perused the impugned judgment as well as the Judgment of the Trial Court. I have also looked into the authorities cited by the learned Counsel for the petitioners.