NAWAL KISHOR TIWARI Vs. STATE OF U P

JUDGEMENT

(1.) CHALLENGE in the instant revision by the revisionist Nawal Kishor Tiwari is to his conviction under Section 294 IPC and imposed sentence of two months R.I. with Rs.2000/- fine. In default of payment of fine, he has been directed to serve one month further imprisonment by A.C.J.M. Mahoba vide impugned judgement and order dated 29.6.2009, recorded in Criminal Case No.279 of 2006, State Vs. Nawal Kishor Tiwari, relating to Crime No. 61 of 1996, P.S. Kotwali, district Mahoba.

(2.) CHALLENGE to the aforesaid conviction and sentence by the revisionist in Criminal Appeal No. 25 of 2009, Nawal Kishor Tiwari Vs. State of U.P. was unsuccessful as Additional Sessions Judge, F.T.C., Mahoba, who vide his impugned judgement and order dated 14.3.2011 confirmed trial court's judgement. After Appellate Court's judgement revisionist surrendered on 23rd March 2011 and is under incarceration since that date.

(3.) IN respect of the said crime an F.I.R. was registered, which ultimately resulted in laying down a charge sheet against the revisionist. Learned Magistrate found prima facie offence being disclosed against the revisionist, summoned him under Section 294 IPC and charged him with the said offence on 3.11.1997, which charge was denied by the revisionist, who claimed to be tried. To prove the guilt of the revisionist and establish the charge, prosecution examined Babu Lal P.W.1, Saurabh Kishore P.W.2, Ramratan P.W.3, Bharat Kishore P.W.4 and Constable Ramjeet Dubey P.W.5.