Court No. - 1
Case :- CRIMINAL REVISION No. - 2376 of 2018 Revisionist :- Nawab And Another Opposite Party :- State Of U.P. And Another Counsel for Revisionist :- Sunil Kumar Singh Counsel for Opposite Party :- G.A.
Hon'ble Ramesh Sinha,J.
Heard Sri S.K. Singh, learned counsel for the revisionist and Sri Deepak Mishra, learned A.G.A. for the State.
The present crl. revision has been preferred against the judgment and order dated 11.7.2018 passed by Additional Session Judge, Court NO. 2, Moradabad in Criminal Appeal No. 10 of 2018 confirming the judgment and order dated 8.1.2018 passed by A.C.J.M., Court No. 4, Moradabad in criminal case no. 924 of 2006 arising out of case crime no. 32 of 1994 under sections 323, 325, 504 I.P.C., police station Kanth, District Moradabad by which the accused/revisionists were convicted under sections 323, 325, 504 I.P.C. and were ordered to undergo under section 323 I.P.C. six months simple imprisonment with a fine of Rs. 1,000/- each and in default of payment of fine one month additional simple imprisonment, under section 325 I.P.C. three years simple imprisonment with a fine of Rs. 3,000/- each and in default of payment of fine three months additional simple imprisonment and under section 504 I.P.C. three months simple imprisonment with a fine of Rs. 500/- each and in default of payment of fine 15 days..
With the consent of learned counsel for the parties, the present revision is being decided on the question of sentence only.
It has been contended by the learned counsel for the revisionists that maximum sentence provided to the revisionist is three years for offence under Sections 325 I.P.C. The rest of the sentence of the revisionists be reduced to a fine and the same shall not be treated as enhancement of the sentence. The revisionists are in jail since 17.7.2018.
Learned A.G.A. opposed the prayer for quashing of the impugned order and has submitted that the lower appellate court has rightly passed the impugned judgment and order after considering the evidence before it, hence no interference is called for by this Court and the revision is liable to be dismissed.
I have perused the impugned judgment and orders as well as record and in my opinion the same do not suffer from any illegality, perversity or jurisdictional error which may call for any interference by this Court, hence the conviction and sentence of the revisionists is hereby upheld but taking in account the fact that revisionists have already undergone sufficient period in jail as under trial and after conviction by the lower appellate court, their rest of the sentence be reduced to a fine.
Accordingly, revisionists are directed to pay and deposit fine of Rs. 75,000/- (Rs. 37,500/- each) in the court of C.J.M. concerned out of which Rs. 65,000/- shall be paid to informant/injured PW1 Babbu Khan son of Bashir Ahmad, if alive or to his legal heirs in equal proportion, and 10,000/- shall go to the State. If the revisionists deposits the aforesaid amount of fine, they shall be released forthwith if not wanted in any other case.
In default of the fine as directed above, the revisionists shall serve out the sentence as awarded by the courts below.
In view of the above, the revision is partly allowed.
Office is directed to send a certified copy of this order to C.J.M., concerned for its compliance.
Order Date :- 25.7.2018 Madhurima