GOPAL KRISHAN VYAS,J. - (1.) The instant cr. revision petition has been filed by the complainant petitioner Hakim Khan under Section 397/401 of Cr.P.C. against the judgment dated 22.4.2002 passed by the learned Addl. Sessions Judge No. 3, Jodhpur whereby the learned trial court acquitted the non-petitioners nos. 2 to 6 from the charges levelled against them under Section 302 and 149 IPC in Sessions Case No. 38/2001 and held them guilty for offence under Section 304 Part II read with Section 149 IPC, so also, held accused appellant Kamaruddin guilty for offence under Section 307 IPC and all the accused persons were further held guilty for offence under Section 147 IPC.
(2.) In this cr. revision petition the complainant has prayed for quashing the finding recorded for acquittal under Section 302/149 IPC and to hold the respondents guilty for the said offence.
(3.) Before deciding this cr. revision petition it is worthwhile to observe that in criminal revision petition against the final judgment, the conviction cannot be altered. The only scope to remit the case for re-appreciation of evidence and in this case, the respondents were convicted for the offence under Section 304 Part II read with Section 149 IPC along with other offences, but the grievance of the petitioner Hakim Khan is that they should be convicted for the offence under Section 302/149 IPC. For the same, the matter is required to be remitted to the learned trial court.;