Court reduced the sentence of the revisionist to the period already undergone while maintaining his conviction for offences under IPC Sections 409, 477-A, and 467, subject to a fine deposit.
Sentence reduced to period already undergone; fine of Rs.1,000 to be deposited within one month on failure of which arrest is directed.
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Court No. - 12
Case :- CRIMINAL REVISION No. - 159 of 1991
Revisionist :- Shiv Adhar Singh Opposite Party :- State Of U.P. Counsel for Revisionist :- N.N. Singh,A.K. Rai,D.K. Singh,M.N.Singh Counsel for Opposite Party :- A.G.A.
Hon'ble Neeraj Tiwari,J.
Heard Sri Jyoti Prakash, Advocate holding brief of Sri D.K. Singh, learned counsel for the revisionist and learned A.G.A. for the State.
The present revision has been filed by the revisionist for setting aside the judgment and order dated 19.01.1991 passed by 3rd Additional Sessions Judge, Ghazipur in Criminal Appeal No. 73 of 1989 confirming the judgment of the trial court dated 9.5.1989 in criminal case no.1581 of 1986 convicting the applicant under Section 409, 477-A, 467 I.P.C. and sentencing him to three months S.I. and a fine of Rs.500/- one month S.I. and two months respectively. All the sentences shall run concurrently.
It is submitted by learned counsel for the revisionist that the revisionist is aged about 83 years old. He further submitted that the offence under Section 409 is not proved on the evidence available on record. He further submitted that evidence produced in the case is not reliable and the revisionist has been wrongly convicted in this case. He further submitted that the sentence is excessive and the revisionist has already been dismissed from service.
Lastly, it has been submitted that the revisionist has already undergone certain period in jail and requested that his sentence may be reduced to the period already undergone by him.
The learned counsel for the revisionists placed reliance on the judgment of the Apex Court in the case of Nand Lal vs. State of Uttarakhand decided on 5.4.2010 2010 Law Suit (SC) 180 as well as of this Court in the case of Devendra in Jail Vs. State in Criminal Revision in 2540 of 2011 decided on 31 October, 2011, Veerwati Vs. State of U.P. in Criminal Revision No.2334 of 2010 decided on May 29th May, 2012 and Narendra Singh Vs. State of U.P. in Criminal Revision No.1279 of 2005 decided on 4th August, 2014, in which, Apex Court as well as of this Court without disturbing conviction,
released the accused on the basis of sentence undergone.
Learned AGA has opposed the revision, but could not dispute the aforesaid facts.
Considering the facts and circumstances of the case, the revision is partly allowed maintaining the conviction of revisionist, sentence is reduced to the period already undergone subject to deposit of fine of Rs.1,000/- within one month from today, failing which the revisionist shall be arrested by the police and sent to jail for serving out the remaining sentence awarded to him.
Order Date :- 10.12.2018 Junaid
3 issues framed by the court
Whether the conviction of the revisionist under Section 409 IPC should be maintained.
Whether the sentence awarded to the revisionist should be reduced to the period already undergone.
Whether the remaining sentence can be enforced by arrest pending fine deposit.
Colour shows how this judgement treated each authority
Nand Lal vs. State of UttarakhandReferred¶9
Nand Lal vs. State of Uttarakhand decided on 5.4.2010 2010 Law Suit (SC) 180
Devendra in Jail Vs. StateReferred¶9
Devendra in Jail Vs. State in Criminal Revision in 2540 of 2011
Veerwati Vs. State of U.P.Referred¶9
Veerwati Vs. State of U.P. in Criminal Revision No.2334 of 2010
Narendra Singh Vs. State of U.P.Referred¶9
Narendra Singh Vs. State of U.P. in Criminal Revision No.1279 of 2005
3 provisions across 1 enactments
Shiv Adhar Singh
State Of U.P.
Neeraj Tiwari
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
