Court No. - 41
Case :- CRIMINAL REVISION No. - 1060 of 1990 Revisionist :- Daya Nand Singh Opposite Party :- State Of U.P.
Counsel for Revisionist :- G.P. Dixit,K.S. Rathor Counsel for Opposite Party :- A.G.A.
Hon'ble Aniruddha Singh,J.
In compliance of order dated 213.7.2018, Sri Avadhesh Rai,learned counsel for revisionists filed an affidavit stating therein that revisionist Daya Nand Singh and Mahendra Singh appeared before the Court and have been arrested . They are languishing in jail.
Heard Sri Avadhesh Rai,learned counsel for revisionists on behalf of Daya Nand Singh and Mahendra Singh and learned AGA, and perused the record.
This revision has been preferred against judgment and order dated 27.7.1989 passed by Judicial Magistrate, Ist, Ballia in Criminal Case No. 791/89(State vs. Nageshwar Singh and others), police station Narahi, District Ballia convicting revisionists alongwith other co- accused Nageshwar Singh, Panchanand Singh and Banshi Dhar Singh under Sections 325/149 IPC and under section 323/149 IPC and sentencing them to rigorous imprisonment for one year and one month respectively directing all the sentences to run concurrently; and judgment and order dated 12.7.1990 passed by IVth Additional Sessions Judge, Ballia in Criminal Appeal No. 41 of 1989 whereby Daya Nand Singh, Mahendra Singh & Banshi Dhar Singh have been convicted under section 325/34, 323/34 IPC and sentenced to rigorous imprisonment for six months and one month respectively. Other co-accused Nageshwar Singh and Panchanand Singh have been acquitted under Section 325/149 and 323/149 IPC.
Learned counsel for the revisionists further submitted that one co-accused Banshi Dhar Singh whose revision was dismissed on 14.11.2014 passed by coordinate Bench of this Court in Criminal Revision No. 1607 of 1990(Banshi Dhar vs. State of U.P.), filed Criminal Appeal No. 575 of 2017(arising out of SLP(Crl.) No.34 of 2015) wherein following order was passed by the Apex Court:-
"Leave granted.
Heard learned counsel for the parties and gone through the record.
Vide order dated 19.01.2015, the amount of Rs.50,000/- (Rupees fifty thousand) was directed to be deposited for compensation to the injured. Notice was issued on the quantum of sentence.
Having regard to the peculiar facts and circumstances of the present case, we are of the view that the sentence awarded to the appellant be reduced to the period already undergone and the amount deposited be remitted to the jurisdictional Chief Judicial Magistrate for disbursement to the injured.
The appeal is disposed of in above terms.
Pending applications, if any, shall also stand disposed of."
Learned counsel for the revisionists submitted that the role of these revisionists is identical to the role of co-accused Banshi Dhar. The incident is of year 1987 and 31 years have elapsed; revisionists are old persons and they belong to rural area, hence they may be sentenced to the imprisonment already undergone with fine of Rs.50,000/-.
In view of above judgment of supreme Court in the case of Banshi Dhar and submission of learned counsel for the revisionists, this Court is of the view that no fruitful purpose would be served in sending revisionists to jail at this stage and purpose would be served if they are convicted and sentenced to imprisonment already undergone with fine of Rs.50,000/-.
The revision is partly allowed. Conviction of revisionist No.1 Daya Nand Singh and revisionist No.2 Mahendra Singh under Section 325/34, 323/34 IPC is confirmed and they are sentenced to imprisonment already undergone with fine of Rs.50,000/ each under section 325/34 and 323/34 IPC which shall be deposited with the Court of CJM concerned within two months and that amount shall be released in favour of injured or his legal heir, if he is not alive, within three months from today. If revisionists fail to pay the same amount within two months from today, they shall undergo simple imprisonment for six months.
Copy of this judgment be transmitted to the Court concerned immediately for necessary compliance. Compliance report be submitted to this Court within three months, which shall be kept on record.
Order Date :- 17.9.2018 P.P.