(1.) Present criminal revision is directed against judgement and order dated 19.04.2005 passed by Additional Sessions Judge Court No. 9, Fatehpur, in Criminal Appeal No. 1 of 2003 (Abdul Waheed Vs. State of U.P. and another), confirming judgement and order dated 4.3.2003 passed by Judicial Magistrate Fatehpur, in Criminal Case No. 217 of 2002 (Smt. Zauhara Khatoon Vs. Abdul Waheed), whereby accused-revisionist has been convicted under Section 495 I.P.C. and therefore sentenced to two years' rigours imprisonment along with fine of Rs. 1000/-, and further under Section 323 I.P.C. and consequently sentenced to six months' rigours imprisonment along with fine of Rs. 500/-. In case of default in payment of fine, accused-revisionist is to further undergo imprisonment for six months. All the sentences are to run concurrently. Accused-revisionist was, however, acquitted of the charges under Sections 504 and 506 IPC for want of prosecution evidence in that regard.
(2.) I have heard Mr. Sharad Kumar Srivastava, learned counsel for revisionist, learned A.G.A. for State and Mrs. Stya Sinha, learned counsel for complainant opposite party No. 2.
(3.) Instant criminal revision came up for admission on 27.4.2005 and this Court passed the following order:-