Court No. - 34
Case :- CRIMINAL REVISION No. - 1019 of 1996 Revisionist :- Dharam Raj And Others Opposite Party :- State Of U.P.
Counsel for Revisionist :- B.K. Tripathi,Rajesh Maurya Counsel for Opposite Party :- Govt. Advocate
Hon'ble Sudhir Agarwal,J.
1. Chief Judicial Magistrate, Azamgarh vide letter dated 05.01.2019 has informed that revisionist-1 Dharam Raj has died 22.8.2015 and revisionist -3 Harish Chandra has died on 25.5.1999. Therefore, this revision has abated so far as revisionist 1 and 3 are concerned and now is surviving only against revisionists-2 and 4.
2. Sri B.K.Tripathi, learned counsel for the revisionists and learned A.G.A. for State are present.
3. This criminal revision under Section 397/401 Cr.P.C., has been filed aggrieved by the judgment and order passed by Sri V.N.Pandey, Sessions Judge, Azamgarh, in Criminal Appeal No.24 of 1996, Dharamraj and others vs. State of U.P., dismissing the appeal and maintaining conviction under Section 323 and 325 IPC and sentence of six months' and two years' rigorous imprisonment under Section 323 and 325 IPC respectively against revisionist-1 Dharamraj and conviction and sentence of six months' rigorous imprisonment under Section 323 IPC against revisionists 2 to 3 i.e. Jiyalal, Harish Chandra, and Karamraj.
4. 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 revisionists have already remained in jail for some time, therefore, sentence of imprisonment awarded to him be reduced to the period already undergone.
5. Looking to the entire facts and circumstances and also the fact that accused-revisionist- have remained in jail for some time, while maintaining the conviction, I am inclined to reduce sentence of imprisonment under Section 323 IPC to the period already undergone though fine of Rs. 500/- each under Section 323 IPC is imposed upon them, which shall be paid within three months from today failing which revisionists shall undergo simple imprisonment for three months.
6. Accordingly, Revision is partly allowed. Conviction of accused-revisionists is maintained, but, sentence awarded by Trial Court under Sections 323 IPC is modified and reduced to the extent of sentence of imprisonment already undergone by accused-revisionists and fine of Rs.500/- each under Section 323 IPC is imposed upon them. The amount of fine shall be paid by revisionists within a period of three months from today and in case of non-payment of fine, revisionists shall undergo three months further simple imprisonment.
7. Certify the judgment to the Court below immediately.
Order Date :- 26.9.2019 KA