GAYA PRASAD SHUKL Vs. STATE OF U. P.

JUDGEMENT

(1.) Heard Sri Anil Kumar Tripathi, learned counsel for the revisionist, Sri Dinesh Kumar Gupta, learned A.G.A for the State and perused the record.

(2.) The instant criminal revision under Ss. 397/401 Cr.P.C has been preferred by the revisionist against the judgment and order dtd. 24/9/2010 passed by the Additional Sessions Judge / Special Judge (SC ST Act), Court No. 8, District Sultanpur, in Criminal Appeal No. 15 of 2009 (Gaya Prasad Shukl) Versus State of U.P), convicting the revisionist under Sec. 353 I.P.C for one year rigorous imprisonment and Rs.1,000.00 as fine, and in case of default additional two month's rigorous imprisonment, under Sec. 504 I.P.C for six month's rigorous imprisonment and for Sec. 506 I.P.C one years' rigorous imprisonment and also against the judgment and order dtd. 25/3/2009 passed by Chief Judicial Magistrate, Sultanpur in Criminal Case No. 2076 of 2002, Crime No. 457 of 1994, (State Vs. Gaya Prasad Shukl), Police Station Kotwali Nagar, District Sultanpur, under the aforesaid Ss. by which, the accused was convicted and sentenced under Sec. 353 I.P.C for two years rigorous imprisonment and Rs.1,000.00 fine under Sec. 504 I.P.C one month's imprisonment and Rs.500.00 fine under Sec. 506 I.P.C two year's simple imprisonment with default of stipulation. It was also directed by both the courts below that all the sentences shall run concurrently.

(3.) In brief, facts of the case are that on 15/5/1994 at about 3:00 p.m. Anil Kumar Mishra, Collection Peon and Tulsi Prasad Mishra, Collection Ameen, moved a written complaint for lodging an F.I.R stating therein that on 15/5/1994 when they both went to village Palhipur to recover Rs.13,399.00 as arrears of Bank and informed about the arrest warrant and tried to take him to the Tehsildar Sadar, Sultanpur, he got angry and pushed them and started abusing after that he said he was coming with country made pistol and shoot on both of them and will tear their stomach. He also threatened that he will cut themselves into pieces within a week, you go and do whatever you want to do, I will see who will be the witness from your side.