Court No. - 12
Case :- CRIMINAL REVISION No. - 3562 of 2008
Revisionist :- Murari & Another
Opposite Party :- State Of U.P.
Counsel for Revisionist :- Pawan Kuamr Dubey
Counsel for Opposite Party :- Govt. Advocate
Hon'ble Neeraj Tiwari,J.
Heard learned counsel for the revisionists and learned A.G.A.
The present revision has been filed by the revisionist for setting aside the judgment and order dated 25.10.2008 passed by Additional Session Judge, Court No. 8 Shahjahanpur, rejecting the appeal filed by the revisionists and confirming the judgment and order dated 30.11.2004 passed by Additional Chief Judicial Magistrate, Shahjahanpur, under sections 323/34, 324/34 and 427 IPC, by which two years rigorous imprisonment and penalty of Rs. 1000/- each has been imposed upon the revisionists.
It is submitted by the learned counsel for the revisionists that the learned court below has not examined the witness properly and without proper appraisal of the witnesses, convicted the revisionists. He further submitted that the both the impugned orders and conviction and sentence awarded by the courts below based on surmised and conjectures. He further submits that the revisionists have been falsely implicated in the present case and they are not a previous convict. Lastly, it has been submitted that the revisionists are in jail 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 revisionist 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. 2,000 within one month from today. After depositing the fine of Rs. 2000/-, revisionists shall be released from the jail forthwith.
Order Date :- 30.11.2018 Sartaj