KAPIL DEO TIWARI Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard learned counsel for the revisionists, learned AGA and perused the records.

(2.) The court of ACJM (II), Varanasi had passed judgment dated 9.9.1994 in criminal case no. 2456 of 1991 (State Vs. Kapil Deo Tiwari and others), by which four accused were acquitted from the charges under Sec. 504, 506 IPC. But the accused Kapil Deo and Jaiprakash Tiwari were convicted for charges under Sec. 325/34, 324 and 323/34 IPC. Accused Sita Ram and Jagat Narain were convicted for offence under Sec. 325/34, 324/34 and 323/34 IPC. Each accused were convicted for charge relating to Sec. 325 Penal Code with rigorous imprisonment of one year and fine of Rs. 100.00, for charge relating to Sec. 324/34 Penal Code with rigorous imprisonment of one year and for charge relating to Sec. 323 Penal Code with rigorous imprisonment of six months.

(3.) Against said judgment dated 9.9.1994 of trial court, the four convicted accused persons had preferred criminal appeal no. 91 of 1994 (Kapil Deo Tiwary & others Vs. State of U.P.). one Criminal Revision no. 99 of 1995 (Ramayan Tiwari Vs. State of U.P. & others) was preferred by complainant of the case. Appellants-accused prayed for quashing the conviction and sentence, whereas revisionist requested for enhancement of punishment and sentence. After affording opportunity of hearing in both the cases, common judgment dated 5.10.1998 was passed by 1st Additional Sessions Judge, Varanasi, by which the said appeal as well as revision were dismissed. Against the judgment of conviction by the two lower courts, present revision has been preferred by the four convicted accused persons of the original case.