Court No. - 28
Case :- CRIMINAL REVISION No. - 2164 of 1998 Revisionist :- Ram Niwas Sharma Opposite Party :- State Of U.P.
Counsel for Revisionist :- D.S.Tiwari,Anil Kumar Sharma,Avanish Kumar Shukla,Kaushal Kumar Mishra,Mithilesh Kumar Shukla Counsel for Opposite Party :-Govt.Advocate Hon'ble Umesh Chandra Tripathi,J.
1. Heard learned counsels for the parties.
2. This criminal revision has been preferred against the judgment and order dated 17.12.1998 passed by XIII Additional Sessions Judge, Agra in Criminal Appeal No. 211 of 1997 (Ram Niwas Vs. State of U.P.), whereby the appeal of the appellant was partly allowed and his conviction under Section 409 IPC was upheld but sentence was reduced to six months rigorous imprisonment from one year rigorous imprisonment. The said appeal was preferred against the judgment and order dated 29.9.1997 passed by the Judicial Magistrate-I, Agra in Criminal Case No. 360 of 1995 (State Vs. Ram Niwas) whereby revisionist/accused was convicted for the offence punishable under Section 409 IPC and sentenced to rigorous imprisonment for one year and to pay fine of Rs. 2,000/- and in case of default of payment of fine, to undergo further simple imprisonment for three months.
3. As per prosecution version on 25.2.1985 at about 4:45 PM revisionist has received Rs. 2,000/- from informant Chhote Singh to deposit in his account but instead of depositing the amount, he misappropriated the said money for himself. At that time, revisionist was Post Master in Post Office, Chitrahat at Agra.
4. Learned counsel for the revisionist contended that at present, revisionist is aged about 87 years. He has served out his sentence about one month and 20 days. He further contended that occurrence has taken place 35 years ago. Therefore, he requested to take lenient view in reference to revisionist and reduce his sentence to the period already undergone.
5. PW-1 Chhote Singh, PW-2 M.A. Naqvi, PW-3 Addl. Regional Inspector Yashpal Singh have proved the prosecution version.
6. From the perusal of the impugned judgments of conviction and material available on record, I find no illegality in the impugned order of conviction passed by the courts below.
7. From perusal of the report dated 24.11.2017 of Jail Superintendent, District Jail, Agra, it reveals that revisionist has served his sentence for one month and 20 days.
8. In view of above, conviction of the revisionist (Ram Niwas Sharma) for the offence under Section 409 IPC is affirmed.
9. In the peculiar facts and circumstances of the case, sentence of the revisionist is reduced to the period already undergone with a fine of Rs. 2000/-. In case of default of payment of fine, revisionist shall undergo simple imprisonment for a period three months.
10. Accordingly, this criminal revision stands allowed. Order Date :- 24.4.2018 Jaswant