Court No. - 41
Case :- CRIMINAL REVISION No. - 1238 of 1998 Revisionist :- Kallu @ Raj Kumar And Others Opposite Party :- State of U.P.
Counsel for Revisionist :- Siya Ram Sahu,Brij Gopal Singh,Brij Raj Singh Counsel for Opposite Party :- A.G.A.
Hon'ble Mrs. Sunita Agarwal,J.
Heard learned counsel for the revisionists and learned A.G.A for the State respondent.
This Criminal Revision under section 397/401 Cr.P.C. has been filed against the judgment and order dated 28.7.1998 passed by the Ist Additional Sessions Judge, Banda in Criminal Appeal No.58 of 1995 confirming the conviction and sentence of the appellants/revisionists under sections 323, 325, 504, 506 I.P.C passed by the Ist Additional Civil Judge, Junior Division/Judicial Magistrate, Banda by order dated 30.10.1995 in Case Crime No.488/IX/90 (State vs Kallu and others) and others awarding a sentence of 1-1/2 months R.I. and fine of Rs.2000/- against the accused Kallu (Revisionist) for the offence punishable under section 325 I.P.C further awarding fine of Rs.500/- against each of the appellants/revisionists Kallu, Bhauwa, Shivmangal and Bilra for an offence under Section 323 I.P.C and further awarding fine of Rs.300/- for an offence u/s 504 I.P.C and fine of Rs.500/- for an offence under section 506 I.P.C, separately to each of the appellants/revisionists and in default of payment of fine Kallu was awarded one year R.I. and other accused- appellants/revisionists Bhauwa, Shiv Mangal and Bilra were awarded six months R.I.
Looking to the nature of offence and the fact that the revisionists had remained in jail for sometime and the revision is pending for approximately 21 years, while maintaining the conviction the sentence awarded by the judgment and order dated 30.10.1995 in Criminal Case No.488/IX/90 (State vs Kallu and others) P.S-Girwan, District-Banda passed by the Ist Civil Judge, Junior Division,/Judicial Magistrate, Banda is modified and reduced to the extent of sentence of imprisonment already undergone and fine of Rs.1000/- for the revisionist no.1, (Kallu) shall be deposited by him within a period of two months from today.
Learned counsel for the revisionist states that the other revisionist nos.2, 3 and 4 had already deposited the fine imposed by the trial court as there was no interim order in this regard in the present revision.
The present revision is partly allowed.
Certify the judgment to the lower court immediately.
Order Date :- 28.11.2019 Harshita