HASHRAT Vs. STATE OF U P

JUDGEMENT

(1.) VINOD Prasad, J. The revisionist Hashrat was tried by Chief Judicial Magistrate, J. P. Nagar in Criminal Case No. 4965 of 2001, vide crime No. 692 of 2001, for offences under Sections 380/411 IPC, relating to Police Station Gajraula District J. P. Nagar and was convicted only for offence under Section 411 IPC and was sentenced to under go two years imprisonments. Vide impugned judgment and order dated 19- 11-2003. He was however acquitted for offences under Section 380 IPC. The appeal of the revisionist, being Criminal Appeal No. 11 of 2003, challenging his aforesaid conviction and sentence too failed and FTC 1st/additional Session's Judge, Court No. 4, J. P. Nagar confirmed his conviction and sentence for the said offence vide his impugned judgment and order dated 11-10-2006. The aforesaid two judgments and orders are under challenge in this revision.

(2.) THE short allegations against the revisionist are that he was found to be in possession of the two stolen buffalos belonging to the informant Iqramuddin resident of village Papsara Khadar. His aforesaid cattles were stolen on 6/7-8-2001 at about 1. 00 a. m. in night and he was informed by Kamal Khan and Raja Khan that it was the revisionist who had stolen his cattle. THE recovery of the cattles were made on 8-8-2001 at 4. 30 p. m. by the Investigating Officer from village Sunpura from the possession of the revisionist.

(3.) LEARNED AGA, contrarily submitted that the sentence is not too sever and is commensurate with the guilt of the accused and therefore, should not be interfered with by this Court under Section 397/401 Cr. P. C.