BALBIR SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The present revision petition has been filed under Section 397 read with Section 401 Cr.P.C. against the judgment dated 18.04.2016, passed by the learned Special Judge, SC/ST (Prevention of Atrocities) Cases, Hanumangarh (hereinafter "the appellate court") whereby the learned appellate court has partly allowed the petitioner's appeal and while maintaining the sentence for offence under Section 420 IPC, acquitted the petitioner for offences under Sections 468 & 471 IPC. The petitioner was convicted and sentenced for offences under Sections 420, 468 & 471 IPC by the learned Judicial Magistrate, First Class, Tibbi, District Hanumangarh (hereinafter "the trial court") vide his judgment dated 26.03.2014 in Criminal Appeal No.25/2008.

(2.) Brief facts of the case are that on 10.10.2007, the complainant Chand Singh submitted a complaint before the competent court alleging that on 04.02.2005, the election for the post of Sarpanch and Panches at village Surewala was conducted.

(3.) Being aggrieved by the judgment of the learned trial Court, accused-petitioner approached the learned appellate Court. The appellate Court vide its judgment dated 18.04.2015 partly allowed the appeal and while maintaining the sentence for offence under Section 420 IPC acquitted the petitioner for offence under Sections 468 & 471 IPC. Hence this petition. Counsel for the petitioner argued that the learned trial court convicted the petitioner for offences under Sections 420, 468 & 471 IPC but the learned appellate court partly allowed the appeal and maintained the conviction of the petitioner to the extent of offence under Section 420 IPC. Counsel further argued that the ingredients of offence under Section 420 IPC are not made out.