Court No. - 34
Case :- CRIMINAL REVISION No. - 1019 of 1998 Revisionist :- Salig Ram And Others Opposite Party :- State Of U.P. And Another Counsel for Revisionist :- Apul Mishra Counsel for Opposite Party :- A.G.A.
Hon'ble Sudhir Agarwal,J.
1. Heard Sri Apul Mishra, learned counsel for the revisionists, learned A.G.A. for State and perused the record.
2. It is stated that Chief Judicial Magistrate, Budaun vide letter dated 25.08.2017 has informed that revisionist-1, Salig Ram, revisionist-2, Mool Chand, revisionist-4 Mahi Pal and revisionist-6 Madan Lal have died and, therefore, this Revision stands abated. Hence, this revision stands abated so far as Revisionists- 1, 2, 4 and 6 are concerned and it is now surviving only for Revisionists- 3 and 5.
3. This criminal revision under Section 397/401 Cr.P.C., has been filed aggrieved by the judgments and orders dated 06.06.1998 and 25.01.1997. The Judicial Magistrate First, Badaun vide order dated 25.01.1997 convicted revisionists and sentenced them to undergo two years rigorous imprisonment with fine of Rs.2,000/- each under Section 326/149, 148 and 147 IPC. Thereagainst, revisionists preferred Criminal Appeals No. 08 of 1997, 09 of 1997 and 10 of 1997 and Appellate Court while allowing appeals partly has acquitted revisionists-1, 2 and 6 from charge under Sections 147 IPC and revisionists-3, 4 and 5 from charge under Section 148 IPC and maintained the conviction and sentence passed by Trial Court under Section 326/149. Being aggrieved the revisionists preferred present revision.
4. Counsel for revisionists 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-revisionists-3 and 5 are now attained advance age, therefore, sentence of imprisonment awarded to them be reduced to the period already undergone.
4. Looking to the entire facts and circumstances and also the fact that accused-
revisionists have attained advance age, while maintaining the conviction, I am inclined to reduce sentence of imprisonment under Sections 326/149, 148 and 147 IPC to the period already undergone though the fine imposed under Section under Section 326/149, 148 and 147 IPC is increased from Rs. 2,000/- each to Rs. 5,000/- each.
5. Accordingly, Revision is partly allowed. Conviction of accused-revisionists is maintained, but, sentence awarded by Trial Court under Section 326/149, 148 and 147 IPC is modified and reduced to the extent of sentence of imprisonment already undergone by accused-revisionists and fine imposed under Section 326/149, 148 and 147 IPC is increased from Rs. 2,000/- each to Rs. 5,000/- each. The amount of fine shall be paid by revisionists within a period of two months from today and in case of non-payment of fine the revisionists shall undergo three months rigorous imprisonment.
6. Certify the judgment to the Court below immediately.
Order Date :- 27.9.2019 Ashish Pd.