Court No. - 34
Case :- CRIMINAL REVISION No. - 1499 of 1994 Revisionist :- Mukesh Babu And Ors.
Opposite Party :- State Of U.P.
Counsel for Revisionist :- R.C. Pal,R.C.Maurya Counsel for Opposite Party :- A.G.A.
Hon'ble Sudhir Agarwal,J.
1. After making enquiry, Chief Judicial Magistrate, Etah vide letter dated 10.01.2017 has informed that accused-revisionist-2, Rewati Lal and accused-revisionists-3, Rama Devi have already died and therefore, this revision stands abated vis-a-vis revisionists-2 and 3 and survives only in respect to revisionist-1.
2. Heard Sri R.C. Maurya, learned counsel for the revisionist, learned A.G.A. for State and perused the record.
3. This Criminal Revision under Section 401 read with Section 397 Cr.P.C. has been filed aggrieved by judgment and order dated 27.04.1992 passed by 2nd Additional Munsif Magistrate, Etah in Case No. 206 of 1991 convicting revisionist under Section 498A I.P.C. and Section 4 of Dowry Prohibition Act and sentencing him to undergo rigorous imprisonment for one year under Section 498A I.P.C. and rigorous imprisonment for three months under Section 4 of Dowry Prohibition Act. Thereagainst accused- revisionist preferred Criminal Appeal No. 28 of 1992 which has been dismissed by 5th Additional Sessions Judge, Etah vide judgment and order dated 12.09.1994. This revision has been filed challenging both the aforesaid orders.
4. 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 taking into account advanced age of revisionist, sentence of imprisonment awarded to him be reduced to the period already undergone and if the Court finds proper may impose fine for the period of unserved sentence of imprisonment.
5. Looking to the entire facts and circumstances and also the advanced age of revisionist after about 27 years from the date of conviction by Trial Court, while maintaining the conviction, I am inclined to reduce sentence of imprisonment under Section 498A I.P.C. and Section 4 of Dowry Prohibition Act to the period already undergone.
6. Accordingly, Revision is partly allowed. Conviction of accused- revisionist is maintained, but, sentence awarded by Courts below is modified and reduced to the extent of sentence of imprisonment already undergone by accused-revisionist. However, fine of Rs. 5000/- is imposed which shall be deposited by revisionist within two months from today. In case of non-deposit of fine the revisionist shall undergo simple imprisonment of six months.
7. Certify the judgment to the Court below immediately.
Order Date :- 27.9.2019 PS