Court No. - 34
Case :- CRIMINAL REVISION No. - 1703 of 1994 Revisionist :- Shambhoo Ors.
Opposite Party :- State Of U.P.
Counsel for Revisionist :- G.S. Hajela,Ashfaq Ahmed Ansari Counsel for Opposite Party :- A.G.A.,Devendra Saini
Hon'ble Sudhir Agarwal,J.
1. Heard Sri G. S. Hajela, learned counsel for Revisionists, learned A.G.A. for State and Sri Devendra Saini, learned counsel for respondent.
2. This criminal revision under Section 397/401 Cr.P.C., has been filed aggrieved by the judgments and orders dated 30.04.1992 and 08.11.1994. Sri Shyam Bihari Sharma, Judicial Magistrate, IInd Saharanpur in Criminal Case No. vide judgment and order dated 30.04.1992 convicted Revisionists and sentenced them to undergo three months rigorous imprisonment under Section 323 IPC; one year imprisonment under Section 324 IPC; six months imprisonment under Section 504 IPC; one year imprisonment under Section 452 IPC with fine Rs.100/- to each and in default in payment of fine to undergo further one month rigorous imprisonment. Thereagainst, Revisionists preferred Criminal Appeal No.36 of 1992 before Court of IInd Additional Sessions Judge, Saharanpur (hereinafter referred to as “Appellate Court”) and Appellate Court while dismissing the appeal, vide its judgment and order dated 08.11.1994 confirmed the judgment and order of conviction and sentence passed by Trial Court. Being aggrieved the Revisionists preferred present revision.
3. Counsel for the 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 have 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 Revisionists have attained advance age, while maintaining the conviction, I am inclined to reduce sentence of imprisonment under Sections 323, 324, 504 and 452 IPC to the period already undergone.
5. Accordingly, Revision is partly allowed. Conviction of accused-Revisionists is maintained, but, sentence awarded by Trial Court is modified and reduced to the extent of sentence of imprisonment already undergone by accused- Revisionists.
6. Certify the judgment to the Court below immediately.
Order Date :- 22.8.2019 Manish Himwan