DEVKISHAN Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Instant revision petition has been filed by the petitioner against the order dtd. 9/8/2017 passed by the learned Additional Sessions Judge, Shahpura, District Bhilwara whereby the learned Appellate Court dismissed the appeal filed by the petitioner and affirmed the order dtd. 11/1/2017 passed by learned Additional Chief Judicial Magistrate, Shahpura, District Bhilwara whereby the learned Trial Court convicted the petitioner for offence under Ss. 341, 323, 504 IPC and gave the benefit of Probation under Sec. 4(1) of Probation of Offenders Act, 1958.

(2.) Counsel for the petitioner submits that while convicting the petitioner for the aforesaid offences, the learned courts below have not properly considered the material aspect of the case as no offence under Ss. 341, 323, 504 IPC is made out against the petitioner. Hence the orders impugned deserve to be set aside.

(3.) Per contra, learned Public Prosecutor and learned counsel for the respondent No. 2 have supported the orders impugned and submits that there is no illegality or perversity in the orders impugned as the courts below have passed the same after due appreciation of the material available on record, hence no interference is called for from this Court and prayed for dismissal of the revision petition.