SURESH Vs. STATE OF U.P.

JUDGEMENT

(1.) SURESH the accused/revisionist, preferred this revision against the judgement and order dated 14.06.1983 passed by Sri Praduman Kumar HJS 7th Additional Sessions Judge, Badaun in Criminal Appeal No. 286/1982 (Suresh vs. State) whereby the learned Lower Court dismissed the appeal and upheld the order dated 06.10.1982 passed by learned Judicial Magistrate 2nd, Badaun in Case No. 791/1982 (State vs. Ram Autar and Others) in which the accused/revisionist was convicted and sentenced to undergo RI for one year for the offence u/s 458 IPC and RI for 6 months for the offence u/s 323/34 IPC with the direction that both the sentence shall run concurrently.

(2.) I have heard learned counsel for the revisionist and learned AGA on behalf of the State of U.P. The respondent and perused the record.

(3.) THE learned AGA contended that there is no error either on the facts of the case or on any point of law in the impugned orders which have been passed by both the courts below thereby convicting the accused/revisionist and sentencing them for the offence u/s 498, 323/34 IPC, well proved on record through the reliable prosecution evidence. It is also contended that there is no force in this revision being no error in concurrent findings of both the courts below.