GIRISH Vs. STATE

JUDGEMENT

(1.) Heard Sri Raj Bahadur, Amicus Curie, for the appellant and learned A.G.A. for the State.

(2.) This criminal appeal arises out of judgment and order dated 13.01.1992 passed by the learned Special Judge (D.A.A. Act), Jhansi in Special Case No.11 of 1991, Case Crime No.16 of 1991, under Sections 387, 504, 506, 427 I.P.C., Police Station- Moth, District- Jhansi, convicting the appellant (accused) under Section 387 I.P.C. and sentencing him to undergo rigorous imprisonment for 03 years.

(3.) The prosecution story in brief is that on 29.01.1991 at about 10:30 P.M., accused Girish Kumar Tiwari along with one unknown person came at the house of the complainant Ramesh Chandra, situated in Mohalla Katra Bazar, Town and P.S. Moth and called the complainant. As soon as the complainant reached, then accused started to abuse him asked to pay Rs.5,000/-. The complainant showed his inability to pay such huge amount, then accused fired shot from country made pistol in air with a view to threaten the complainant. Hearing the noise the neighours came out of their houses but they again went inside their houses hearing the sound of firing made by country made pistol. At that time witnesses Awadha Bihari, Munna Khan and Babloo who were passing through from there tried to impress the accused. Accused and his associate threatened them. Accused threatened the complainant to pay the said amount by 4 P.M. tomorrow else he will be shot and any member of his family will be kidnapped. The witness Babloo again intervened, then accused went to Motor stand, Moth and threw the betel shop of Babloo on the ground causing damages to Babloo.