Partly allowed

Aidal Singh Alias Karuwa and Another v. State of U.P.

Allahabad HC30 Jul 2018CRLR/1139/1999

Case brief

AI extract

What is this about?

The High Court allowed the criminal revision partly, reducing the sentence for the charge under Section 411 IPC to the period of imprisonment already undergone by the accused, and ordered their immediate release considering the long trial duration and family circumstances.

What did the court decide?

Sentence under S. 411 IPC reduced to period already undergone; accused released forthwith.

Aidal Singh Alias Karuwa and Another Vs State of… — Criminal Trial and Appeal | Allahabad HC (2018)

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Reserved on 17.7.2018 Delivered on 30.7.2018

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Court No. - 41

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Case :- CRIMINAL REVISION No. - 1139 of 1999

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Revisionist :- Aidal Singh Alias Karuwa & Another Opposite Party :- State Of U.P. Counsel for Revisionist :- G.P. Dikshit,Upendra Kumar Pushkar Counsel for Opposite Party :- Govt. Advocate

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Hon'ble Aniruddha Singh,J.

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1- This criminal revision has been filed by the revisionists-Aidal Singh @ Karuwa and Babu Ram against the judgment and order dated 25.5.1999 passed by Ist Additional Sessions, Aligarh dismissing the Criminal Appeal No.111 of 1997 arising out of judgment and order dated 20.9.1997 passed by VIth Additional Chief Judicial Magistrate, Aligarh acquitting the revisionists under Section 379 I.P.C. and convicting and sentencing the revisionists to undergo one year rigorous imprisonment for offence under Section 411 I.P.C..

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2- Heard Sri Upendra Kumar Pushkar and Sri Omvir Singh Rajpoot, learned counsel for the revisionists and learned A.G.A. for the State.

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3- In nutshell, the prosecution case is that one First Information Report was lodged against revisionists alleging that on 9.2.1992 the goat of Chheda Lal was stolen and on 11.2.1992 it was recovered from the possession of the revisionists. Accused Babu Ram fled away and Aidal Singh was arrested on spot. First Information Report was lodged under Sections 379 and 411 I.P.C, Police Station-Gangari, District-Aligarh. After investigation, charge-sheet was submitted under Sections 379 and 411 I.P.C.

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4- In order to prove the charges, the prosecution examined P.W.1 Chheda Lal, P.W.2 Chandrapal, P.W.3 Kshatrapal, P.W.4 Constable Jaipal Singh and P.W.5 Constable Shiv Narain Singh. They supported the prosecution case and proved that the said goat was stolen by the revisionists and the same was recovered from their possession.

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5- After hearing learned counsel for both the parties and upon considering the material, the impugned order was passed.

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6- Against this order, Criminal Appeal No.111 of 1997 was preferred by the revisionists which was dismissed vide order dated 20.9.1997 by VIth Additional Chief Judicial Magistrate, Aligarh. Hence this revision.

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7- Heard learned counsel for the revisionists, learned A.G.A. and perused the record.

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8- Learned counsel for the revisionists has not argued on the point of conviction.

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9- Learned counsel for the revisionists submitted that this case is of the year 1992. Since the period of 25 years have been elapsed, the revisionists are very poor persons, the cost of goat was Rs.1800/according to F.I.R. and prosecution case itself, both the revisionists had suffered a lot of time, revisionist- Aidal Singh @ Karuwa is languising in jail since 9.6.2018 and revisionist Babu Ram is languishing in jail since 8.6.2018 till date, hence considering the family status, social and economic status of the revisionists, a lenient view may be taken.

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10- For the foregoing discussions and in backdrop of the case and considering the argument led by the learned counsel for the revisionists and considering the age of the revisionists and time spent during trial as well as in appeal and revision and the value of the goat and considering the family status and social economic position of the revisionists, the ends of justice would be served if the revisionists will be punished with sentence already undergone under Section 411 I.P.C.

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11- Revision is partly allowed. Revisionists-Aidal Singh @ Karuwa and Babu Ram are sentenced already undergone in the place of one year rigorous imprisonment under Section 411 I.P.C.

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12- The revisionists be released forthwith.

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13- Office is directed to Fax or e-mail this order to the court concerned within 24 hours.

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15- Compliance report be sent to this Court within one week. Office is directed to keep the compliance report on record.

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Order Date :-30.07.2018 OP

Aidal Singh Alias Karuwa and Another v. State of U.P.

Case brief

What is this about?

What did the court decide?

Aidal Singh Alias Karuwa and Another v. State of U.P.

Case brief

What is this about?

What did the court decide?

What the court decided

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