Facts
The applicants were convicted by the Judicial Magistrate First Class, Durg, under Sections 452/34, 323/34, 294 and 506 Part II of the Indian Penal Code (IPC), and sentenced to imprisonment till the rising of the Court and fines.
Source reference: para. 1The conviction was affirmed in appeal.
Source reference: para. 1The prosecution case was that, on 23 June 2008, the applicants entered the complainant’s house and assaulted her with a piece of wood and a stick, causing injuries.
Source reference: para. 1–2In revision, the applicants challenged the appreciation of evidence, citing alleged omissions and contradictions, delay in lodging the complaint, and a land dispute; no one appeared for them at the hearing.
Source reference: para. 3Issues
Whether the concurrent findings of conviction were affected by any perversity, illegality, infirmity, or error of law or fact warranting interference in revisional jurisdiction.
Source reference: para. 6Whether the applicants were required to surrender to serve the sentences imposed.
Source reference: para. 8Law Applied
The convictions concerned Sections 452/34, 323/34, 294 and 506 Part II of the IPC.
Source reference: para. 1In exercising revisional jurisdiction, the Court considered whether the appellate findings disclosed perversity, illegality, infirmity, or an error of law or fact sufficient to warrant interference.
Source reference: para. 6The judgment cites no precedent.
Source reference: no citationReasoning
The Court reviewed the appellate judgment and the record and found that the evidence had been properly appreciated and that the appellate findings were reasoned and supported by the evidence.
Source reference: para. 6It therefore found no ground to interfere with the concurrent findings, notwithstanding the grounds raised in the revision.
Source reference: paras. 3, 6As the applicants had already undergone the sentences, the Court held that they need not surrender.
Source reference: para. 8Holding
The High Court dismissed the criminal revision as devoid of merit and declined to disturb the convictions and sentences.
Since the applicants had already undergone their sentences, they were not required to surrender before the concerned court.
Source reference: para. 8Acts & Sections Cited
5 provisions across 1 statute referred to in this judgment. Each provision opens on LawLens.
Indian Penal Code, 18605
Original Court PDF
RAMESHWAR MANHAREvsSTATE OF CHHATTISGARH
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