SURAJ PAL Vs. STATE OF U P

JUDGEMENT

(1.) Heard Sri Farooq Ayoob, learned counsel for the revisionist and Sri Aniruddha Singh, learned Additional Government Advocate for the State.

(2.) The order under challenge is the judgment and order dated 09.03.2005 passed by the Additional District & Sessions Judge, Court No.1, Unnao in Criminal Appeal No.29 of 2004, by which the judgment and order dated 22.04.2004, passed by the learned Additional Chief Judicial Magistrate, Court No.2, Unnao in Case No.1979 of 2003 arising out of Case Crime No.417 of 1997 at Police Station-Safipur, District-Unnao, has been upheld whereby the learned trial Court had awarded five years rigorous imprisonment under Section 420 I.P.C. along with fine of Rs.1000/- against the revisionist and in default of payment of fine, further 30 days simple imprisonment was awarded to him.

(3.) The prosecution story as narrated in the First Information Report is that the Inspector Incharge of Police Station-Safipur, District-Unnao had lodged the First Information Report against the revisionist and his brother, namely, Ram Das @ Ram Avtar and Suraj Pal both sons of Sri Ramju Yadav. The allegation in the First Information Report is that the revisionist and his brother Ram Das @ Ram Avtar took loan of Rs.3,000/- from Avadh Gramin Bank Branch Safipur, District-Unnao showing themselves as 'Pasi' by caste (Scheduled Caste).