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Dinesh And Others vs State on 8 August, 2019

HIGH COURT OF JUDICATURE AT ALLAHABAD

?Court No. – 34

Case :- CRIMINAL REVISION No. – 1550 of 1994

Revisionist :- Dinesh And Others

Opposite Party :- State

Counsel for Revisionist :- S.D. Pathak,Rama Shanker Mishra

Counsel for Opposite Party :- A.G.A

Hon’ble Sudhir Agarwal,J.

1. Heard Sri Rama Shanker Mishra, learned counsel for the revisionists, learned A.G.A. for State and perused the record.

2. This criminal revision under Section 397/Section401 Cr.P.C., has been filed aggrieved by the judgments and orders dated 08.11.1993 and 26.09.1994. The Chief Judicial Magistrate, Shahjahanpur vide order dated 08.11.1993 passed in Criminal Case No. 577 of 1993 convicted revisionists and sentenced them to undergo one year rigorous imprisonment under Section 354 IPC. Thereagainst, revisionists preferred Criminal Appeal No. 46 of 1993 and Appellate Court while dismissing appeal confirmed order of conviction and sentence passed by Trial Court. Being aggrieved the revisionists preferred present revision.

3. Counsel for revisionists at the very outset stated that he is not assailing judgment of the Courts below on merits, but is seeking mercy stating that accused-revisionists have already undergone more than nine months and are now attained advance age, therefore, sentence of imprisonment awarded to them be reduced to the period already undergone.

4. Looking to entire facts and circumstances and also the fact that accused-revisionists have already undergone more than nine months, while maintaining the conviction, I am inclined to reduce sentence of imprisonment under Section 354 IPC to the period already undergone though a fine of Rs. 2000/- each is imposed/-.

5. Accordingly, Revision is partly allowed. Conviction of accused-revisionists is maintained, but, sentence awarded by Trial Court under Section 354 IPC is modified and reduced to the extent of sentence of imprisonment already undergone by accused-revisionists though a fine of Rs. 2000/- each is imposed upon revisionists. The amount of fine shall be paid by revisionists within a period of two months from today and in case of non-payment of fine the revisionists shall undergo three months rigorous imprisonment.

6. Certify the judgment to the Court below immediately.

Order Date :- 8.8.2019

AK

 

 

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