LAWS(ALL)-2012-3-92

RAJJAB ALI Vs. STATE OF U P

Decided On March 12, 2012
RAJJAB ALI Appellant
V/S
STATE OF UTTAR PRADESH Respondents

JUDGEMENT

(1.) THIS revision has been filed by Rajjab Ali and Sala-huddin, who were tried by ACJM, Court No. 9, Basti in Criminal Case No. 5637/06, State v. Mohd. Kaish and others, for offences under section 379/411 IPC, relating to P.S. Mahuli, district Sant Kabir Nagar. Finding charge under section 411 IPC established to the hilt, learned trial Magistrate convicted all of the three accused Mohd. Kaish, Rajjab Ali and Salahuddin for that offence and sentenced them to two years simple imprisonment with fine of Rs.500/- imposed on each of them vide judgment and order dated 26.3.2009. Default sentence was 15 days further imprisonment.

(2.) AGGRIEVED by the said conviction and sentence, two revisionists Rajjab Ali and Salahuddin preferred Criminal Appeal No. 19/09 before the Session's Judge, Basti, which was transferred to Additional Session's Judge, Court No. 1, Basti for disposal. Vide impugned judgment and order dated 9.3.2011, Ist Additional Session's Judge, Basti dismissed their appeal in full and affirmed the judgment of their conviction and sentence. Hence this revision challenging aforesaid conviction and sentence.

(3.) IN their statements under section 313 Cr. P.C. common defence of denial and false implication was taken up by the accused persons.