Court No. - 34
Case :- CRIMINAL REVISION No. - 642 of 1997 Revisionist :- Subhash Gupta Opposite Party :- State Of U.P.
Counsel for Revisionist :- Akhilesh Srivstava Counsel for Opposite Party :- Govt. Advocate
Hon'ble Sudhir Agarwal,J.
1. Heard Sri Akhilesh Srivastava, learned counsel for Revisionist and learned A.G.A. for State.
2. This criminal revision under Section 397/401 Cr.P.C., has been filed aggrieved by the judgment and order 21.05.1997. The VIII Additional Chief Judicial Magistrate, Ghaziabad vide judgment and order dated 31.10.1996 convicted Revisionist and sentenced him to undergo five years rigorous imprisonment under Section 326 IPC. Thereagainst, Revisionist preferred Criminal Appeal No.89 of 1996 before Court of XIII Additional Sessions Judge, Ghaziabad (hereinafter referred to as “Appellate Court”) and Appellate Court while allowing appeal, partly, confirmed the conviction awarded under Section 326 IPC but reduced the sentence from five years to two years rigorous imprisonment.
3. Counsel for the revisionist at the very outset stated that he is not assailing judgment of the Court 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. He also submitted that accused-Revisionist has remained in jail for three months.
4. Looking to the entire facts and circumstances and also the fact that Revisionist has attained advance age, while maintaining the conviction, I am inclined to reduce sentence of imprisonment under Section 326 IPC to the period already undergone with fine of Rs.5000/-.
5. Accordingly, Revision is partly allowed. Conviction of accused-Revisionist is maintained, but, sentence awarded by Trial Court is modified and reduced to the extent of sentence of imprisonment already undergone by accused-revisionist with fine Rs.5000/-, which shall be deposited with three months, failing which Revisionist shall further undergo imprisonment for a period of six months.
6. Certify the judgment to the Court below immediately.
Order Date :- 27.9.2019 Manish Himwan