LAWS(ALL)-2014-7-464

R K GUPTA Vs. STATE OF U P

Decided On July 21, 2014
R K GUPTA Appellant
V/S
STATE OF U P Respondents

JUDGEMENT

(1.) THIS revision has been preferred against the judgment and order passed by the XIth Additional Sessions Judge, Allahabad dated 01.02.1988 in Criminal Appeal No. 108 of 1987 dismissing the appeal while maintaining the conviction of the revisionist, but instead of sentencing him to six months' rigorous imprisonment directing him to furnish a security and a personal bond of Rs. 1000/ - each of good behaviour for a period of one year.

(2.) BRIEF facts of the case are that on 27.07.1980 at about 9.20 a.m. at village Bharwari, police station Kokhraj opposite party No. 2 Ameeruddin was sitting in his shop. His customer Ali Mohammad and Samai Lal were also present with him at the shop, suddenly the revisionist Ram Kishun Gupta along with his companion came and threatened the opposite party No. 2 to withdraw the case, which he had filed at Kanpur. When opposite party No. 2 refused to do so, the revisionist threatened to kill him. Opposite party No. 2 lodged a report on the same day at 13.05 at police station Kokhraj, which was registered as N.C.R. No. 235 under sections 504 and 506 IPC and filed a complaint case against the revisionist on 28.07.1980. The statements were recorded under sections 200 and 202 Cr.P.C. and the revisionist was summoned under section 506 IPC. After recording evidence of P.W. -1 Ameeruddin, P.W -2 Ali Mohammad and P.W. -3 Samai Lal. The prosecution evidence was closed, statement of the accused was recorded under section 313 Cr.P.C. and after perusal of the evidence of both the parties, the learned lower court convicted the revisionist for six months' rigorous imprisonment. Feeling aggrieved the revisionist preferred appeal bearing Criminal Appeal No. 108 of 1987, in which the impugned order was passed.

(3.) FEELING aggrieved, the revision has been filed. When the case was called out, none was present on behalf of the revisionist. Heard learned AGA and perused the material on record.