MANOJ KUMAR Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) The applicant being aggrieved by the judgment dated 16-2-2001 passed in Criminal Appeal No. 96/99 by the learned Second Addl. Sessions Judge, Raigarh has filed this revision petition. For an offence punishable under Section 379, IPC the police after investigation filed the challan. The Judicial Magistrate First Class registered Criminal Case No. 131/98. The said trial resulted in conviction of the applicant and the learned Trial Court was pleased to award rigorous imprisonment for one year and imposed fine of Rs. 200.00, in default of payment of fine the applicant was required to go three month's imprisonment.

(2.) The learned counsel for the applicant submits that the judgment dated 16-2-2001 is not only cryptic and cavalier, but in fact does not meet the mandatory requirement of law. Learned counsel submits that a perusal of the judgment would show that the Court below has refused to apply its mind to the facts of the case and has simply decided the appeal on question of sentence. He submits that non-consideration of the applicant's case on the merits of the matter has caused serious prejudice to the defence of the applicant and the applicant deserves to be acquitted. After going through the judgment passed by the learned Appellate Court, Shri Gautam Bhaduri learned counsel for the State, was unable to support the same. He however submitted that instead of deciding the matter on merits, the same be remitted to the first Appellate Court or to the learned Sessions Court for its fresh hearing and disposal in accordance with the law. Section 353 of the Code of Criminal Procedure reads as under :--

(3.) Section 354 of the Code of Criminal Procedure, which would also be profitable to the Court, reads as under :--