RAM UJAGAR YADAV Vs. STATE OF U P

JUDGEMENT

(1.) THIS revision has been preferred against the judgment and order dated 14.12.2001 passed by the learned Additional Sessions Judge, Court No. 11, Gorakhpur in Criminal Appeal No. 38 of 2001 affirming the judgment and order passed by the learned Additional Chief Judicial Magistrate -II, Court No. 15 Gorakhpur in Case No. 906 of 1995 convicting the revisionist under section 457 IPC and sentencing him to two years' simple imprisonment along with fine of Rs. 2000/ - with defaulting clause and further convicted the revisionist under section 380 IPC and sentencing him to one year's rigorous imprisonment along with fine of Rs. 1000/ - with defaulting clause.

(2.) BRIEF facts of the case are that in the night of 26/27th February, 1995 at about 1, O'clock, the complainant came to his home from the village. He heard some sounds at his house and saw that Ram Ujagar Yadav of his village had entered his house with ulterior motive to commit theft. As soon as the accused saw the complainant, he took a box and started running away. The complainant ran after him and caught him. At this, the accused started assaulted the complainant, who sustained injuries. The accused set himself free and fled away and threatened the complainant. A report was lodged at the police station, but no action was taken and hence, a complaint was filed. The complainant examined PW -1 Ram Niwas, PW -2 Bahadur.

(3.) CHARGES were framed under sections 457, 380, 511 IPC. The accused pleaded not guilty and claimed to be tried.