SHYAMA CHARAN VISHWAKARAMA Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard Sri Sameer Jain, learned counsel for revisionist and learned A.G.A. for State.

(2.) This criminal revision under Section 397 / 401 Cr.P.C., has been filed aggrieved by the judgment and order dated 10.08.1999 passed by IIIrd Additional District and Sessions Judge, Varanasi. The 4th Additional Chief Judicial Magistrate, Varanasi vide order dated 16.04.1996 convicted revisionist and sentenced him to undergo one year rigorous imprisonment with fine of Rs. 5000/- and three months rigorous imprisonment each under Sections 323 , 504 , 506 IPC. Thereagainst, revisionist preferred Criminal Appeal No. 66 of 1996 and Appellate Court while allowing appeal partly acquitted revisionist under Sections 323 , 504 , 506 IPC but the conviction and sentence awarded under Section 420 IPC was confirmed. Being aggrieved the revisionist preferred present revision.

(3.) It is contended that that entire charge against revisionist was that he sold a Chakki for Rs. 7000/- on 17.11.1992 which did not function properly and when complainant requested to return the money, that was not paid and that is how revisionist has been held guilty of the offence under Section 420 IPC. It is submitted that ex facie Section 420 IPC is not attracted at all and Lower Appellate Court in just three lines has held revisionist guilty of Section 420 IPC. Finding of Lower Appellate Court reads as under: "