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MANJIVE SHUKLA
Ram Kripal – Appellant
Versus
Roshan Lal – Respondent
JUDGMENT
Manjive Shukla, J.
Heard learned counsel for the revisionist, learned Additional Government Advocate for the State and perused the record.
2. Revisionist Ram Kripal through this revision has challenged judgment and order dated 26.04.2010 passed by learned Additional Sessions Judge, Court No. 9, Faizabad in Criminal Appeal No. 31 of 2010 (Roshan Lal & Others v. State of U.P.) whereby conviction of the accused under Section 452 I.P.C. has been set aside and they have been acquitted and further sentence given to accused under Sections 143 & 323 I.P.C. has been modified with a fine of Rs. 1,000/- each under Section 143 I.P.C. and fine of Rs. 1000/- each under Section 323 I.P.C.
3. F.I.R. was lodged on 21.02.1998 at 11:40 a.m. in Police Station, Haidarganj, District Faizabad which was registered as Case Crime No. 56 of 1998 under Sections 143, 323, 452, 504 and 506 I.P.C. wherein Ram Kripal stated that he and his family has purchased agricultural land and two houses from Sri Ramphal through registered sale-deed and since then he is in possession over the said two houses. It was further stated in the F.I.R. that on 18.02.1998 at 10:00 a.m., Roshal Lal, Pandey Lal, Kalika Prasad, K
The main legal point established in the judgment is the reliance on reliable evidence, consideration of the circumstances, and the imposition of appropriate sentences and fines.
The central legal point established in the judgment is the importance of thoroughly examining the evidence, including cross-examination, and granting the benefit of doubt to the accused in case of ma....
The court applied the principles of evidence, rejection of false implication plea, and the application of the Probation of Offenders Act in reaching its decision.
The court upheld the conviction under IPC Sections 323, 504, 341, and 509, while modifying the sentence to align with the interests of justice.
The court established that sentencing should consider the nature of the offence and the circumstances of the parties involved.
The court upheld the conviction under IPC but granted probation due to the petitioner's status as a first-time offender, emphasizing the need for leniency in sentencing.
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