High Court dismissed criminal revision against conviction for Section 324 IPC. Court held that death of appellant was not ground to dismiss and found no illegality in impugned order despite delay and evidence arguments.
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Court No. - 17
Case :- CRIMINAL REVISION No. - 1843 of 1993
Revisionist :- Ram Singh @ Panda Opposite Party :- State Of U.P. Counsel for Revisionist :- Rajul Bhargawa Counsel for Opposite Party :- A.G.A
Hon'ble Suresh Kumar Gupta,J .
N.B.W against the revisionist and notice against the sureties have been issued. On compliance of the service of the N.B.W to the revisionist. it appears that sole revisionist has died but only on this ground the revision cannot be dismissed.
This revision has been preferred against the judgment and order dated 25.9.1993 passed by IIIrd Additional Sessions Judge, Mathura in criminal appeal no. 73 of 1991 dismissing the said appeal preferred against the judgment and order of Additional Chief Judicial Magistrate IIIrd Mathura dated 30.11.1991 convicting the revisionist under Section 324 I.P.C. and sentencing him to undergo one year R.I.
Heard learned A.G.A. and perused the impugned judgment and order.
The made ground for the revisionist is that there was a huge delay in lodging the F.I.R.. It has further been taken ground that leaned court below has properly not been appreciated the evidence of the witnesses and learned court below has not taken trustworthy view on the evidence of the witnesses. Learned counsel for the revisionist has taken ground that there was not motive to the revisionist to commit such crime.
The impugned order is based on the proper appraisal of the evidence available on record and no interference is required by this Court.
Thus, there is no illegality or impropriety in the impugned order and, therefore, the revision is devoid of merits.
The revision is, accordingly, dismissed.
The interim order, if any, stands vacated..
The copy of this order be transmitted to the court below for for necessary compliance.,
Order Date :- 5.3.2019
A. Pt. Singh
Ram Singh @ Panda
State Of U.P.
Suresh Kumar Gupta
As recorded by the court registry
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