SHEOJI @ SHIV PRASAD Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Heard learned counsel for the parties.

(2.) The accused-petitioner has filed this criminal revision petition under Section 397 read with Section 401 Cr.P.C. against the order dated 9.12.2015 passed by the Special Judge (NDPS Cases), Jhalawar in Criminal Appeal No. 82/2015 whereby the learned Appellate Court while dismissing the appeal jointly filed by the petitioner and co-accused Shri Jakhir Hussain under Section 374 Cr.P.C. affirmed and upheld the judgment and order dated 26.10.2015 passed by the Judicial Magistrate Khanpur (District Jhalwar) in Criminal Case No. 407/2002 whereby the learned trial Court convicted the petitioner and co-accused for offence under Section 394 IPC and sentenced each of them to simple imprisonment for three years and a fine of Rs. 5,000/-, in default thereof to further undergo simple imprisonment for six months, for offence under Section 323 IPC and sentenced each of them to simple imprisonment for six months and a fine of Rs. 1,000/-, in default thereof to further undergo simple imprisonment for 15 days and also convicted them for offence under Section 341 IPC and sentenced each of them to simple imprisonment for one month and a fine of Rs. 500/-, in default thereof to further undergo simple imprisonment for seven days. Learned trial Court further directed that all the substantive sentences would run concurrently.

(3.) Brief relevant facts for the disposal of this petition are that for an incident allegedly occurred on 15.7.2002 at about at 9:15 pm in which the complainant-Shri Dev Karan was looted by two unknown persons and he also received injuries. FIR No. 261/2002 for offences under Sections 341, 307 and 394 IPC was registered at Police Station Khanpur on the basis of a 'Parcha Bayan' of the complainant recorded on the same day at about 11.30 pm when he was under treatment at Khanpur Hospital. After investigation, charge-sheet was filed against the petitioner and co-accused Shri Jakhir Hussain for the offences under Sections 341, 323 and 394 IPC mainly on the ground that both of them were identified by the complainant during the text identification parade as the persons involved in the incident. It was also the case of the prosecution that recovery was also made from the accused.