CRIMINAL APPEAL No. 1156 of 2010 at Lucknow

HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL APPEAL No. - 1156 of 2010 Suresh Pasi .....Appellant(s) Versus State of U.P. .....Respondent(s) Counsel for Appellant(s) : L.J. Maurya Counsel for Respondent(s) : Govt. Advocate Court No. - 12 HON'BLE MANISH MATHUR, J. 1. Heard Mr. L.J. Maurya, learned counsel for appellant and learned Additional Government Advocate for respondent-State. 2. The instant Criminal Appeal under Section 374(2) CrPC read with Section 389 CrPC has been filed against judgment and order dated 08.03.2010 passed by Additional Sessions Judge East Court No.5, Sitapur in Sessions Trial No.896 of 2005, State of U.P. v. Suresh Pasi & Ors. arising out of Case Crime No.56 of 2000, under Sections 457 & 380 I.P.C., Police Station Tambaur, District Sitapur, convicting and sentencing the appellant as under:- (i) under Section 457 I.P.C. to seven years rigorous imprisonment and a fine of Rs.2,000/- and in default of fine, two months additional rigorous imprisonment and under Section 380 I.P.C. to five years rigorous imprisonment and a fine of Rs.2,000/- and in default of fine, two months additional rigorous imprisonment 3. As per prosecution version, incident is said