Hon'ble Suresh Kumar Gupta, J. dismissed the criminal revision filed by Rajendra Kumar Jain challenging the rejection of his appeal against conviction under sections 279, 337, and 304-A IPC. The court found the lower court's finding based on evidence appraisal, with no illegality or impropriety.
Criminal revision dismissed; stay order vacated if any.
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Court No. - 17
Case :- CRIMINAL REVISION No. - 269 of 1995
Revisionist :- Rajendra Kumar Jain Opposite Party :- State Of U.P. Counsel for Revisionist :- A.R.B. Kher Counsel for Opposite Party :- Govt. Advocate
Hon'ble Suresh Kumar Gupta,J.
List has been revised.
None appears on behalf of the revisionist.
This criminal revision has been preferred against the judgment and order dated 2.2.1995, passed by Sessions Judge, Jhansi in criminal appeal no.10/94, whereby rejecting the appeal of the applicant and confirming the order and conviction dated 22.1.94, passed by II-ACJM, Jhansi in criminal case no.719/90 by which he convicted the revisionist u/s 279, 337, 304-A IPC and sentencing him for 1 month's SI & a fine of Rs.300/-, 1 month RI & a fine of Rs. 300/- and 6 months' RI and a fine of Rs.1500/in default of payment of fine, 1 month's SI in all sections, all the sentences shall run concurrently.
I have gone through the impugned judgment and order dated 2.2.1995, passed by Sessions Judge, Jhansi in criminal appeal no.10/94. Learned Judge has given cogent reason in his order dated 2.2.1995 for rejecting the appeal of the applicant.
There are no illegality or impropriety in the impugned order. Finding is based upon the appraisal of evidence. So, I do not find any reason to interfere in the impugned order. Consequently, revision is devoid of merit and is liable to be dismissed.
Revision is dismissed.
Stay order, if any, is vacated.
A copy of this order be transmitted to the learned lower court for compliance within one month.
Order Date :- 20.2.2019
m.a.
2 issues framed by the court
Whether there is any illegality or impropriety in the impugned order of the Sessions Judge rejecting the appeal.
Whether the revisionist is entitled to interfere with the finding based upon the appraisal of evidence.
1 provisions across 1 enactments
Rajendra Kumar Jain
State Of U.P.
Suresh Kumar Gupta
J.
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
