JUDGMENT :

Ravindra Maithani, J.

The challenge in this revision is made to the followings:-

(i) Judgment and Order dated 31.01.2024, passed in Criminal Case No.177 of 2023, State of Uttarakhand vs. Susheel Kumar and another, by the court of Chief Judicial Magistrate, Rudrapryag (“the case”). By it, the revisionists have been convicted under Section 411 IPC and sentenced to undergo rigorous imprisonment for a period of one year and a fine of Rs. 2,000/- each, and in default of payment of fine additional simple imprisonment for a period of fifteen days. By the said impugned, order the revisionist Susheel Kumar has been acquitted of the charge under Section 379 IPC.

(ii) Judgment and order dated 28.03.2024 passed in Criminal Appeal No. 05 of 2024, Susheel Kumar and another v. State of Uttarakhand, by the court of Sessions Judge, Rudraprayag. By it, the appeal has been dismissed and the judgment and order passed in the case has been confirmed.

2. Heard learned counsel for the parties and perused the record.

3. The revision has been admitted to the extent of examining the quantum of sentence.

4. The case is based on an FIR by PW1 Rajat Negi, according to which, some parts of crash barrier w