HAKIM KHAN Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The instant cr. revision petition has been filed by the complainant petitioner Hakim Khan under Sec. 397/401 of Crimial P.C. against the judgment dated 22.4.2002 passed by the learned Addl. Sessions Judge No. 3, Jodhpur whereby the learned trial court acquitted the non-petitioners nos. 2 to 6 from the charges levelled against them under Sec. 302 and 149 IPC in Sessions Case No. 38/2001 and held them guilty for offence under Sec. 304 Part II read with Sec. 149 IPC, so also, held accused appellant Kamaruddin guilty for offence under Sec. 307 Penal Code and all the accused persons were further held guilty for offence under Sec. 147 IPC.

(2.) In this cr. revision petition the complainant has prayed for quashing the finding recorded for acquittal under Sec. 302/149 Penal Code and to hold the respondents guilty for the said offence.

(3.) Before deciding this cr. revision petition it is worthwhile to observe that in criminal revision petition against the final judgment, the conviction cannot be altered. The only scope to remit the case for re-appreciation of evidence and in this case, the respondents were convicted for the offence under Sec. 304 Part II read with Sec. 149 Penal Code along with other offences, but the grievance of the petitioner Hakim Khan is that they should be convicted for the offence under Sec. 302/149 IPC. For the same, the matter is required to be remitted to the learned trial court.