Court No. - 23
Case :- CRIMINAL REVISION No. - 1014 of 1995 Revisionist :- Ram Sanehi And Others Opposite Party :- State Of U.P. Counsel for Revisionist :- P.K. Sinha Counsel for Opposite Party :- Govt. Advocate
Hon'ble Rajendra Kumar-IV,J.
Heard learned counsel for the revisionists, learned A.G.A. for the State and perused the record.
This criminal revision has been directed against the impugned order dated 24.8.1995 passed by District and Sessions Judge, Kanpur Dehat, in Criminal Appeal No. 57 of 1994 dismissing the appeal, arising out of judgement and order dated 15.12.1994 passed by learned Additional Chief Judicial Magistrate (I), Kanpur Dehat in Criminal Case No. 37 of 1992, Police Station Bilhore, District Kanpur Dehat, by which, accused-revisionists have been convicted under Sections 323/34, 324 IPC.
Learned counsel for the revisionists fairly submitted that it is very difficult to assail the finding of conviction, he does not want to press this revision on the basis of merit regarding conviction but he prayed that after a lapse of so long time, sentence awarded by the Court below may be reduced to the period already undergone. He further prayed that after a lapse of so long time, sending the accused-revisionists back to Jail, would not serve the useful purpose.
Per contra, learned A.G.A. opposed the contention of the learned counsel for the revisionists by stating that under the circumstances in which occurrence took place, sentence awarded by the courts below appears fit.
Upon perusal of the record, I find that after a proper scrutiny of the evidence available on record, trial court as well as appellate Court found the accused guilty and I do not find any good ground to interfere the conviction, therefore, conviction of accused-revisionists under Sections 323 and 324 IPC is confirmed.
It appears that proceeding before the court below was commenced in 1992. The revisionists before this court must have aged by now. There is nothing on record to show that accused-revisionists has misused the liberty of bail.
After lapse of long time, I do not think it proper to send the accused-revisionist in jail again. I am of the view that if the sentences of imprisonment is reduced to the period already undergone, it would meet the ends of justice.
It is ordered that each of the surviving accused-revisionists is sentenced with imprisonment to the period already under gone and to fine of Rs. 3000/- each (to be deposited in the Trial Court within a period of three months from today). Failing which, the Trial Court shall take necessary action to recover the same.
The revision is disposed of accordingly.
Order Date :- 31.1.2019 Akram