Court No. - 50
Case :- CRIMINAL APPEAL No. - 615 of 1983 Appellant :- Balak Ram Respondent :- State Of U.P. Counsel for Appellant :- P.N.Lal Counsel for Respondent :- Govt. Advocate
Hon'ble Harsh Kumar,J.
Vakalatnama filed by Sri N.I. Jafri, Advocate on behalf of sole appellant today in the Court, is taken on record.
The appeal has been filed against the order dated 26.02.1983 passed by III Additional Sessions Judge, Shahjahanpur in Sessions Trial No. 46 of 1982, convicting and sentencing the appellant under Section 335 I.P.C.
The short question raised by learned counsel for the appellant in this appeal is that the matter relates to the incident dated 12.12.1980 in which the appellant was falsely implicated for the offence under Section 307 I.P.C. and was held guilty by the learned trial court and convicted under Section 335 I.P.C.; that by the impugned judgment, the sole accused-appellant instead of sentencing with imprisonment was released on probation of good conduct; that during the period of last about 35 years since decision, the appellant has become old and poor and in the interest of justice, the sentence may kindly be converted into fine.
Per contra, learned A.G.A. for the State supported the conviction of the appellant.
Upon hearing the parties counsel and perusal of record, considering the facts that incident in question is alleged to be 38 years old and during the period, the appellant has become quite old, so the prayer made, may be accepted and if the sentence of releasing the accused on probation is converted to fine, it will meet the ends of justice and the appeal is liable to be partly allowed.
The appeal is partly dismissed. The impugned order dated 26.02.1983 convicting the appellant for the offence under Section 335 I.P.C., is affirmed.
The appeal is partly allowed. The sentence imposed by the impugned order is modified in the manner that accused is sentenced with fine of Rs. 1000/- to be deposited within one month and in case of default he will under go simple imprisonment for a period of 15 days.
The appellant is on bail and he need not surrender unless wanted in some other case or make default in payment of fine.
The material exhibits, if any, shall be disposed off after statutory period in accordance with rules.
Let lower court record be sent back to court below along with a copy of this order for necessary compliance.
Order Date :- 25.9.2018 Vibha