BANWARI LAL KANCHHAL Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard Sri Jaideep Narain Mathur Senior Advocate assisted by Sri Amit Jaiswal, Sri Nadeem Murtaza and Sri Mohit Singh Advocates, the learned Counsel for the applicant, Dr. V. K. Singh, the learned Government Advocate for the State, Sri Vijay Dixit and Sri Devam Shukla Advocates, the learned Counsel appearing on behalf of the intervenors.

(2.) Briefly stated, facts of the case are that a First Information Report was lodged by a Sales Tax Officer against the applicant and 10-12 unnamed persons on 6/10/1991 alleging that when the informant was performing his duties in his office, the applicant and the other accused persons entered his office and beaten him up and that some other businessmen had abused and threatened him as to why the informant used to intercept the vehicles loaded with goods. The informant stated that other Sales Tax Officers present in the Sales Tax Office came to the spot due to which the accused persons ran away while threatening that in case any other vehicle is intercepted, the informant will be killed. The informant further alleged that earlier also, the accused persons had abused another Sales Tax Officer Sri D. C. Chaturvedi, had broken some chairs kept in the office and had threatened the officers.

(3.) In furtherance of the aforesaid F.I.R., a charge-sheet was submitted against the applicant only and he alone was tried for commission of offences under Ss. 332, 504 and 506 IPC and he has been convicted for commission of offences under Ss. 332 and 506 IPC by means of the judgment and order dtd. 23/2/2023 passed by Additional Chief Judicial Magistrate, Court No. 11 Lucknow. The applicant has been sentenced to undergo simple imprisonment for a period of 2 years for each of the offences and to pay a fine of Rs.2,000.00 for the offence under Sec. 332 IPC and Rs.3,000.00 for the offence under Sec. 506 IPC.