Court No. - 34
Case :- CRIMINAL REVISION No. - 1655 of 1995 Revisionist :- Ram Kumar Opposite Party :- State Of U.P. And Another Counsel for Revisionist :- R.S. Shukla Counsel for Opposite Party :- A.G.A.
Hon'ble Sudhir Agarwal,J.
1. Heard Sri R.S. Shukla, learned counsel for the revisionist, learned A.G.A. for State and perused the record.
2. This criminal revision under Section 397/401 Cr.P.C., has been filed aggrieved by the judgment and order dated 14.12.1995. The First Additional Chief Judicial Magistrate, Shahjahanpur vide order dated 27.07.1994 passed in Case No. 447 of 1994 convicted revisionist and sentenced him under Sections 498A and 3/4 Dowry Prohibition Act to undergo six months rigorous imprisonment each with fine of Rs. 500/- each. Thereagainst, revisionist preferred Criminal Appeal No. 71 of 1994 and Appellate Court while allowing appeal partly confirmed order of conviction but reduced sentence from six months to two months rigorous imprisonment each with fine of Rs. 500/- each. Being aggrieved the revisionist preferred present revision.
3. 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 this is an old matter and accused-revisionist is now attained advance age, therefore, sentence of imprisonment awarded to him be reduced to the period already undergone.
4. Looking to entire facts and circumstances and also the fact that accused-revisionist has attained advanced age, while maintaining the conviction, I am inclined to reduce sentence of imprisonment under Sections 498A IPC and 3/4 Dowry Prohibition Act to the period already undergone though the fine imposed under aforesaid Sections of IPC is increased from Rs. 500/- to Rs. 1000/- each.
5. Accordingly, Revision is partly allowed. Conviction of accused- revisionist is maintained, but, sentence awarded by Trial Court under Sections 498A IPC and 3/4 Dowry Prohibition Act is modified and reduced to the extent of sentence of imprisonment already undergone by accused-revisionist and fine imposed under Sections 498A IPC and 3/4 Dowry Prohibition Act is increased from Rs. 500/- to Rs. 1000/- each. The amount of fine shall be paid by revisionist within a period of two months from today and in case of non-payment of fine the revisionist shall undergo three months rigorous imprisonment.
6. Certify the judgment to the Court below immediately.
Order Date :- 22.8.2019 AK