TAYYAB Vs. STATE OF U P

JUDGEMENT

(1.) THIS criminal revision has been preferred by the revisionist against the judgement and order dated 30.6.2009 passed by the Additional District & Sessions Judge, Court No.2, Aligarh in Criminal Appeal No. 24 of 2005 whereby the appellate court has dismissed the appeal preferred against the judgement and order dated 9.3.2005 passed by the Chief Judicial Magistrate, Aligarh in Criminal Case No. 1676 of 2002 Crime No. 95 of 2002 under Section 392 IPC whereby the revisionist has been convicted and sentenced for rigorous imprisonment of three years and eight months.

(2.) THE facts of the case are that the revisionist was chargesheeted before the trial court by the local Police for the offences under Sections 392, 120 -B I.P.C. and the trial court has also framed charge for the offences under Sections 392/ 120 -B I.P.C. against the revisionist. The prosecution has examined before the trial court PW -1 Pradeep Kumar Jain, PW -2 Constable Amar Singh, PW -3 S.I. Ashok Kumar, PW -4 Rajendra Kumar Jain and PW -5 Constable Prem Pal. The Police papers, prepared during investigation, have also been proved by the prosecution before the trial court. Statement under Section 313 Cr. P.C. of the accused has also been recorded alongwith statement of other co -accused, who have not been found guilty by the trial court. After marshalling and analysing the fact and evidence, by the judgement and order dated 9.3.2005, the trial court recorded the finding of guilty and sentenced the revisionist, as mentioned above. Criminal Appeal No. 24 of 2005, mentioned above, was preferred before the Additional District and Sessions Judge, Court No.2, Aligarh, which also failed, hence this revision.

(3.) HEARD Shri M.P.S. Chauhan, learned counsel for the revisionist and the learned AGA for the State.