WRITER CONSTABLE 1626 DAMBER BAHADUR CHHETRI Vs. STATE

JUDGEMENT

(1.) This criminal revision has been registered under orders of the Chief Justice in exercise of suo motu revisional powers under S. 397 read with S. 401 of the Code of Criminal Procedure Code, 1973 (in short in Cr. P.C.) in order to be satisfied as to the correctness, legality and propriety of the judgment of conviction and order of probation passed by the Special Judge (Human Rights), Sikkim at Gangtok on the 3rd July, 1999 in Criminal Case (Human Rights) No. 11 of 1996 registered under Ss. 342/304/34 of the Indian Penal Code (in short the I.P.C.) where the accused-Writer Constable 1626 Damber Bahadur Chhetri, Constable 1288 Sukraj Subba and the Home Guard Indra Kumar Sharma, Gyalshing Police Station, West District, Gyalshing were convicted under Ss. 342/323/34, I.P.C. and were released on probation.

(2.) The scope and object of revisional powers under Ss. 435 and 439 of old Cr. P.C. and under Ss. 397 and 401 of new Cr. P.C. have been discussed by the Supreme Court in various decisions.

(3.) The Supreme Court in the case of Amar Chand Agarwala v. Shanti Bose, reported in AIR 1973 SC 799 : (1973 Cri LJ 577) observed that the jurisdiction under S. 439, is normally to be exercised only in exceptional cases, when there is a glaring defect in the procedure or there is a manifest error of point of law and consequently there has been a flagrant miscarriage of justice.