Uttarakhand High Court
Balwant Singh vs State Of Uttarakhand on 27 June, 2012
Author: Prafulla C. Pant
Bench: Prafulla C. Pant
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IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL
Criminal Revision No. 115 of 2012
1. Balwant Singh
S/o Sh. Pratap Singh
R/o Village Maichor Patwari Area Pakhura
Tehsil and District Almora
Uttarakhand
2. Smt. Asha Devi @ Abha Devi
W/o Sh. Balwant Singh
R/o Village Maichor Patwari Area Pakhura
Tehsil and District Almora
Uttarakhand
............. Convicts
Versus
State of Uttarakhand
..........Opposite Party
Mr. Davesh Bishnoi, Advocate, present for the convicts.
Mr. M.A. Khan, A.G.A., present for the State.
Hon'ble Prafulla C. Pant, J.
Heard.
2. The convicts have challenged the order dated 22.06.2012, passed by Additional Sessions Judge, Almora, in criminal appeal no. 06 of 2010, whereby said court has reversed the order of acquittal passed by the trial court (Judicial Magistrate, Almora) in criminal case no. 171 of 2 2009, and convicted Balwant Singh and Asha Devi @ Abha Devi under section 324 and 427 IPC. Each one of them has been sentenced to rigorous imprisonment for a period of six months and directed to pay fine of ` 1,000/- on each count.
3. Though, the convicts have filed the petition in the form of revision against the order of conviction but revision can be entertained only when no appeal is maintainable. Since, the conviction has been recorded by the sessions court as an appellate court, the convict cannot be left remedy less. Prior to the amendment in section 372 and 378 of Cr.P.C., there was no appellate power against the order of the acquittal with the court of sessions. In the circumstances, if under amended provisions, the Sessions Judge records conviction for the first time as an appellate court, the appeal against such conviction, in the opinion of this Court, is maintainable under section 374 subject to 376 Cr.P.C..
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4. Accordingly, this revision is treated as an appeal under Sub-section (5) of section 401 of Cr.P.C. Registry is directed to register the appeal accordingly after scoring of this revision from the register of the revisions.
5. Heard on admission and perused the impugned order dated 22.06.2012, passed by lower court (Additional Sessions Judge, Almora) whereby said court has convicted Balwant Singh and Asha Devi @ Abha Devi under section 324, 427 IPC, and sentenced each one of them rigorous imprisonment for a period of six months and directed to pay fine of ` 1,000/- on each count.
6. Admit the appeal
7. Summon the lower court record.
8. Having heard learned counsel for the appellants/ convicts, and learned counsel for the State, and after going through the impugned order, as an interim measure, it is directed that 4 appellants Balwant Singh and Asha Devi @ Abha Devi shall be released on bail on executing personal bond by each one of them, and furnishing two sureties for each one of them, each of the like amount to the satisfaction of the Chief Judicial Magistrate, Almora. (Bail application no. 719 of 2012, stands disposed of).
9. List after lower court record is received.
(Prafulla C. Pant, J.)
Parul 27.06.2012