Court No. - 73
Case :- CRIMINAL REVISION No. - 4368 of 2011 Revisionist :- Lalta Prasad And Another Opposite Party :- State Of U.P. And Another Counsel for Revisionist :- Radha Mohan Pandey Counsel for Opposite Party :- Govt. Advocate,Abdul Majeed
Hon'ble Neeraj Tiwari,J.
Heard the learned counsel for the revisionists, learned A.G.A. and perused the record.
The present revision has been preferred against the judgement and order dated 19.09.2011 passed by Additional Sessions Judge, Court No. 4, Pilibhit in Criminal Appeal No. 69 of 2011 and judgement and order dated 13.07.2011 passed by A.C.J.M., Court No. 3, Pilibhit in Criminal Case No. 2037 of 2011 (State Vs. Lalta Prasad and Rameshwar), convicted under section 326/34 I.P.C. for 3 years and fine of Rs. 1,000/- each and in default of payment of fine, 2 months further simple imprisonment and under section 506 I.P.C. for 1 year and fine of Rs. 500/- each and in default of payment of fine, one month simple imprisonment. Both the sentences were directed to run concurrently.
It is submitted by the learned counsel for the revisionists that statements of prosecution witnesses recorded by court below are contradictory and not at all considerable in the eye of law. It is further submitted that the sole independent eye witness of the case has been declared hostile as he has not supported the prosecution case. Lastly, it has been submitted that the revisionists are on bail and have already undergone certain period in jail and requested that their sentence may be reduced to the period already undergone by them.
The learned counsel for the revisionists placed reliance on the judgment of the Apex Court in the case of Nand Lal vs. State of Uttarakhand decided on 5.4.2010 2010 Law Suit (SC) 180 as well as of this Court in the case of Devendra in Jail Vs. State in Criminal Revision in 2540 of 2011 decided on 31 October, 2011, Veerwati Vs. State of U.P. in Criminal Revision No.2334 of 2010 decided on May 29th May, 2012 and Narendra Singh Vs. State of U.P. in Criminal Revision No.1279 of 2005 decided on 4th August, 2014, in which, Apex Court as well as of this Court without disturbing conviction, released the accused on the basis of sentence undergone.
Learned AGA has opposed the revision, but could not dispute the aforesaid facts.
Considering the facts and circumstances of the case, the revision is partly allowed maintaining the conviction of revisionists, sentence is reduced to the period already undergone subject to deposit of fine of Rs. 1,500 each within one month from today, failing which, court below shall proceed in accordance with law.
Let a copy of the order be sent to court below for information and necessary action.
Order Date :- 23.1.2019 Arvind