Court No. - 34
Case :- CRIMINAL REVISION No. - 945 of 1996 Revisionist :- Ram Charan And Another Opposite Party :- State Of U.P.
Counsel for Revisionist :- Dr. A. Srivastava,Dr.Arun Srivastava,Rajesh Kumar Tiwari,Jaswant Rai Counsel for Opposite Party :- Govt. Advocate
Hon'ble Sudhir Agarwal,J.
1. Sri Jaswant Rai, learned counsel for revisionists stated that revisionist-1 Ram Charan has died and therefore this revision has abated so far as revisionit-1 is concerned. On this aspect, Chief Judicial Magistrate, Bareilly has also submitted report vide letter dated 25.05.2016 informing that revisionist-1 Ram Charan has died on 29.01.1999. Hence this revision is now surviving only against revisionist-2 Dharampal
2. Heard Sri Jaswant Rai, learned counsel for the revisionist, learned A.G.A. for State and perused the record.
3. This criminal revision under Section 397/401 Cr.P.C., has been filed aggrieved by the judgment and order dated 10.07.1996 passed by Sri B.N.Tewari, Additional District & Sessions Judge-Ist, Bareilly in Criminal Appeal No.255 of 1995, Ram Charan and others vs. State, maintaing conviction under Section 332/34 IPC and 504/34 IPC and sentence of one year's rigorous imprisonment under Section 332/34 IPC and one year's rigorous imprisonment under Section 504/34 IPC awarded by Sri D.C.Awasthi, Additional Chief Judicial Magistrate Ist, Bareilly, in Case No.3486 of 1991, State vs. Ram Charan Lal and others.
4. Counsel for revisionist at the very outset stated that he is not assailing judgment of the Courts below on merits, but is seeking mercy stating that revisionists have already remained in jail for some time and now about 57 years of age, therefore, sentence of imprisonment awarded to him be reduced to the period already undergone.
5. Looking to the entire facts and circumstances and also the fact that accused-revisionist-2 has attained about 57 years of age, while maintaining the conviction, I am inclined to reduce sentence of imprisonment under Section 332/34 and 504/34 IPC to the period already undergone though the fine of Rs. 2,000/- under Section 332/34 and Rs.2,000/- under Section 504 IPC is imposed upon him, which shall be paid within three months from today failing which revisionists shall undergo simple imprisonment for six months.
6. Accordingly, Revision is partly allowed. Conviction of accused-revisionists is maintained, but, sentence awarded by Trial Court under Sections 332/34 and 504/34 IPC is modified and reduced to the extent of sentence of imprisonment already undergone by accused-revisionists and fine of Rs.2,000/- under Section 332/34 and Rs.2,000/- under Section 504/34 is imposed upon him. The amount of fine shall be paid by revisionists within a period of three months from today and in case of non- payment of fine, revisionists shall undergo six months further simple imprisonment.
7. Certify the judgment to the Court below immediately.
Order Date :- 26.9.2019 KA