Court No. - 34
Case :- CRIMINAL REVISION No. - 1336 of 1988 Revisionist :- Jalil Ahmad And Another Opposite Party :- State Of U.P. And Others Counsel for Revisionist :- H.K. Sharma,Akhilesh Kumar Rajbhar,K K Dwivedi,Sunil Kumar Shukla Counsel for Opposite Party :- A.G.A.
Hon'ble Sudhir Agarwal,J.
1. Chief Judicial Magistrate, Saharanpur vide letter dated 20.12.2014 has submitted report after making enquiry that revisionist-2, Smt. Nasim Jahan has died about six years back and, therefore, this revision has abated in respect of revisionist-
2. This criminal revision is surviving only in respect of revisionist-1, Jalil Ahmad.
2. Heard Sri Akhilesh Kumar Rajbhar, learned counsel for the revisionists, learned A.G.A. for State and perused the record.
3. This criminal revision under Section 397/401 Cr.P.C., has been filed aggrieved by the judgment and order dated 17.08.1988 passed by Sri S.C. Tyagi, IVth Additional District and Sessions Judge, Saharanpur dismissing Criminal Appeal No. 34 of 1987 and confirming judgement and order dated 27.02.1987 passed by Chief Judicial Magistrate, Saharanpur in Criminal Case No. 4235 of 1986 (Yusuf v. Jalil Ahmad and Others) convicting accused revisionists under Section 494 IPC and sentenced each of them to undergo one year R.I. with fine of Rs. 200/- each and in default of payment of fine, they shall suffer further one month R.I.
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 revisionist-1 has already remained in jail for about one and a half month and now more than 60 years of age, 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-1 has attained advance age, while maintaining the conviction, I am inclined to reduce sentence of imprisonment under Section 494 IPC to the period already undergone though the fine imposed is increased from Rs. 200/- each to Rs. 5,000/- which shall be paid within three months from today failing which revisionist-1 shall undergo simple imprisonment for six months.
6. Accordingly, Revision is partly allowed. Conviction of accused-revisionist-1 is maintained, but, sentence awarded by Trial Court under Section 494 IPC is modified and reduced to the extent of sentence of imprisonment already undergone by accused-revisionist and fine imposed is increased from Rs. 200/- to Rs. 5,000/-. The amount of fine shall be paid by revisionist-1 within a period of three months from today and in case of non-payment of fine, revisionist-1 shall undergo six months simple imprisonment.
7. Certify the judgment to the Court below immediately.
Order Date :- 31.7.2019 Siddhant Sahu