PRABHU MEENA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Heard the learned Counsels for the parties.

(2.) Instant revision petition has been filed by the petitioner under Section 397/401 Cr.P.C. against the judgment dated 17.5.2014 passed by learned Sessions Judge, Dungarpur (for short 'the Appellate Court') in Criminal Appeal No. 69 of 2011 whereby, the learned appellate upheld the conviction recorded by the learned Addl. Judicial Magistrate, Dungarpur For offences under Sections 341, 394 I.P.C. vide judgment dated 21.5.201 He, however, reduced the sentence awarded for offence under Section 394 I.P.C. from Five years S.I. and fine of Rs. 5000/- to three years S.I. and a fine of Rs. 3000/-, in default of payment of fine to undergo six months S.I.

(3.) As per brief facts of the case, on 2.6.2009 complainant Nathu Lal submitted a complaint before the S.H.O Police Station Bichhiwada alleging that on 1.6.2009 he was going from udaipur to bhavnagar in his Truck No. RJ22/G-1854 alongwith Bheerav Lal Khalasi and when they reached Kherwada two persons sought lift and asked to drop them at Ratanpura. It is alleged that when they reached near Shihod Liquor shop, the Khalasi of the truck demanded fare, but the two persons started quarreling with Khalasi and took away Rs. 4000/- and his mobile.