NAND KISHORE Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) This is a revision against the judgment and order dated 22-6-1984 passed by Sri S. S. Gupta, the then II Additional Sessions Judge, Hamirpur, whereby Criminal Appeal No. 29 of 1981 filed by the revisionist and Kishore was dismissed and his conviction under S. 394, IPC and sentence of rigorous imprisonment for a period of two years was confirmed.

(2.) It is note-worthy that the aforesaid criminal appeal was earlier allowed in part by Sri H.C. Shukla, V Additional Sessions Judge, Hamirpur, vide his judgment of 28/04/1981 and the conviction of the revisionist under S. 394, IPC was set aside. The revisionist was, however, convicted under S.323, IPC and sentenced to pay a fine of Rs. 300.00 and in default of payment of fine, he was directed to serve in prison for three months. Obviously, sentence of imprisonment had not been imposed upon him.

(3.) The complainant Radhey Shyam challenged the verdict of Sri H.C. Shukla, V Additional Sessions Judge, Hamirpur by filing Criminal Revision No. 1390 of 1981 before this Court. The said revision was allowed and the judgment of V Additional Sessions Judge, Hamirpur was set aside. By virtue of the judgment of 21/01/1983, this Court remanded the case for reappraisal of the evidence and then a fresh decision. After remand of this case, Sri S. S. Gupta, II Additional Sessions Judge, Hamirpur heard Criminal Appeal No. 29 of 1981 afresh and dismissed it by upholding the conviction of the accused under S. 394, IPC and the sentence of two years' rigorous imprisonment as awarded by the Chief Judicial Magistrate. It is now this judgment of Sri S. S. Gupta, the then II Additional Sessions Judge, Hamirpur which has been challenged before this Court in the present revision.