Court No. - 34
Case :- CRIMINAL REVISION No. - 1070 of 1995 Revisionist :- Mahendra Singh Opposite Party :- State Of U.P. Counsel for Revisionist :- Ravindra Rai Counsel for Opposite Party :- Govt. Advocate
Hon'ble Sudhir Agarwal,J.
1. Heard Sri Ashok Kumar Rai, Advocate holding brief of Sri Ravindra Rai, learned counsel for the revisionist, learned A.G.A. for State and perused the record.
2. This criminal revision under Section 397/401 Cr.P.C., has been filed against judgment and order dated 19.07.1995. The IInd Additional Chief Judicial Magistrate, Saharanpur vide order dated 15.07.1994 passed in Case No. 453 of 1990 arising out of Case Crime No. 167 of 1989, convicted revisionist under Section 323/34 IPC and sentenced to undergo three months rigorous imprisonment and for the offence punishable under Section 506 IPC, he has been acquitted. Thereagainst, revisionist preferred Criminal Appeal No. 60 of 1994 which has been rejected by Appellate Court vide impugned order dated 19.07.1995 and confirming the sentence awarded by Court below. Being aggrieved, revisionist preferred present revision.
3. Counsel for the revisionist at the very outset stated that he is not assailing judgment of the Courts below on merits, but is seeking mercy stating that this is an old matter and accused- revisionist is now attained advance age, therefore, sentence of imprisonment awarded to him be reduced to the period already undergone.
4. Looking to the entire facts and circumstances and also the fact that revisionist has attained advance age, while maintaining the conviction, I am inclined to reduce sentence of imprisonment under Section 323/34 IPC to the period already undergone.
5. Accordingly, Revision is partly allowed. Conviction of accused-revisionist is maintained, but, sentence awarded by Trial Court is modified and reduced to the extent of sentence of imprisonment already undergone by accused-revisionist.
6. Certify the judgment to the Court below immediately.
Order Date :- 22.8.2019 Siddhant Sahu