Suresh v. State of U.P.

Court No. - 83

Case :- CRIMINAL REVISION No. - 2501 of 2001

Revisionist :- Suresh Opposite Party :- State of U.P.

Counsel for Revisionist :- Manoj Mishra,R.Khan,Sheshadri Trivedi

Counsel for Opposite Party :- Govt. Advocate

Hon'ble Gautam Chowdhary,J.

Heard Sri Satish Trivedi, learned Senior Counsel, assisted by Sri Sheshadri Trivedi, learned counsel for the revisionist, learned A.G.A. for the State and perused the material on record. By means of the instant revision, the revisionist is challenging the Judgement and order dated 01.11.2001 passed by learned Sessions Judge, Varanasi in Criminal Appeal No. 234 of 201 (Suresh Vs. State of U.P. ) whereby appeal filed by the revisionist has been rejected affirming the Judgement and order dated 05.10.2001 passed by IVth Additional Chief Judicial Magistrate, Varanasi in Criminal Case No. 323 of 1996 (State Vs. Suresh), in terms of which the revisionist has been convicted under Section 4/25 Arms Act to undergo imprisonment of two years alongwith fine of Rs. 10000/- and in default in payment of fine to further undergo additional imprisonment of five months.

According to the prosecution case, on 06.10.1996, the Incharge Inspector of Police Station Bhelupur, District Varanasi alongwith his team was patrolling in search of accused person, whereupon he was informed by police informer that the accused-Suresh and his brother-in-law Ramji were trying to run away from Maudadeeh Railway Station, immediately the police team reached at the spot and caught the accused persons. Upon interrogation, one of the accused told his name Suresh (the revisionist) and another Ramji, both of them told that after