High CourtsSingle Bench(2011) 11 KAR CK 0325

Mahadevanaika and Nagarajanaika vs State of Karnataka

Karnataka High Court · Decided on 23 November 2011

HON’BLE JUDGES
D.V. Shylendra Kumar, J
RESULT
Dismissed
CASE NUMBER
Criminal Revision Petition No. 1116 of 2011

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Judgment

5 paragraphs · 262 words

D.V. Shylendra Kumar, J.—This criminal revision petition u/s 397(1) of Code of Criminal Procedure, 1908 (CrPC) by the accused 1 and 2 in CC No 864 of 2006, on the file of Addl Civil Judge (Jr Dn] and JMFC, Nanjangud, who had been convicted for the offences punishable u/s 341, 326, 324 read with Section 34 IPC, along with accused 3 and 4 and imposed the following sentence on the accused:

and which had come to be reduced in the appeal before the III Addl. Sessions Judge, Mysore in Crl Appeal No 60 of 2011. into one of conviction only u/s 326 IPC and punishment being simple imprisonment for a period of one month and a fine of Rs. 5,000/-, in default to undergo a further simple imprisonment for a period of one month etc. Incidentally, the petitioners had been acquitted of the offence punishable u/s 324 and 341 IPC and the accused 3 and 4 were acquitted of all the offences charged against them.

2.

The present revision petition is complaining that the conviction by the courts below based on interested testimony of prosecution witnesses and having regard to the inconsistencies which do not warrant conviction etc.

3.

While none appears for the petitioners, I have perused the judgments passed by the courts below and quite satisfied that there is neither any error of procedural law ner impropriety on any findings that has occurred in the course of judgments of the courts below.

4.

No need or scope for interference in exercise of revisional jurisdiction u/s 397(1) CrPC. Revision petition dismissed.