Court No. - 41
Case :- CRIMINAL REVISION No. - 1901 of 1999 Revisionist :- Ram Janam And Others Opposite Party :- State of U.P.
Counsel for Revisionist :- A.K.Singh,Dhirendra K.Srivastava Counsel for Opposite Party :- Govt.Advocate,B.S. Rathore,Shiva Prakash
Hon'ble Mrs. Sunita Agarwal,J.
Heard Sri Dhirendra Kumar Srivastava learned counsel for the revisionist and learned AGA for the State-opposite party.
It is pointed out that revisionist No.3 namely Sukhdeo son of Lachhan Bind had died. The present revision is directed against the order dated 23.09.1999 passed by the XVth Additional Sessions Judge, Varanasi in Criminal Appeal No.102 of 1995.
At the outset, counsel for the revisionist instead of making submission on the merits of the order of conviction states that this Court may grant mercy looking to the fact that the accused remained in jail for sometime and instead of sending them to jail fine may be enhanced.
To this submission, learned AGA did not raise any plausible objection.
Having gone through the judgment of conviction passed by the trial court and the order of confirmation of sentence by the appellate court, this Court is of the view that the revisionists had remained in jail for some period and they had advanced in age during pendency of the present revision for a period of 20 years. The sentence of the remaining revisionists awarded by the judgment and order dated 23.09.1999 passed by the XVth Additional Sessions Judge, Varanasi in Criminal Appeal No. 102 of 1995 (Ram Janam Vs. State of U.P.) is modified and reduced to the extent of sentence of imprisonment already undergone and fine of Rs.5,000/- each imposed on them be raised to Rs.10,000/- each surviving revisionist.
The fine imposed by the trial court to the tune of Rs.5000/-, if deposited, shall be adjusted towards the fine imposed by this Court.
In any case, the revisionist are liable to deposit the fine within a period of two months from today, failing which, they shall undergo six month further imprisonment.
In the above terms, the revision is partly allowed. Certify the judgment to the court below immediately.
Order Date :- 26.11.2019 Himanshu