MUSTKEEM Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) This matter is taken up and heard through Video Conferencing.

(2.) Instant revision has been preferred against the judgment and order dated 30.08.2017, passed in Criminal Appeal No. 144 of 2016, Mustkeem Vs. State of Uttarakhand, by the Court of learned 4th Additional Sessions Judge, Haridwar (for short"the appeal"). By this judgment and order dated 30.08.2017, the conviction and sentence of the revisionist under Section 386 IPC, as recorded on 26.08.2016 by the court of learned Additional Chief Judicial Magistrate, Laksar, District Haridwar in Criminal Case No. 1366 of 2011 (for short "the Case") has been confirmed.

(3.) Facts, necessary for disposal of the revision are in a very brief span as hereunder:- The informant received a letter on 01.04.2004, demanding Rs. 1,00,000/- from him with the direction as to where the money was to be dropped. The date of delivery of money was indicated 04.04.2004. On 03.04.2004, the informant received a telephone call. The caller confirmed the delivery of the letter and further threatened him that the informant should deliver the money or else he and his brother would be killed. The informant had a caller identification facility on his telephone. He could know that he received the call from a specific telephone number. Thereafter, a report was lodged on 08.04.2004 and a case was lodged. After investigation, charge sheet under Section 386 IPC was submitted against the revisionist. On 28.11.2005 charge under Section 386 IPC was framed to which the revisionist denied and claimed trial.