Ramesh and Another v. State of U.P.
Case brief
What is this about?
Held that sentence can be modified leniently considering a lapse of thirty-two years; ordered revisionists to serve period already undergone and deposit fines to the injured under Section 357 Cr.P.C.
What did the court decide?
Sentence modified to period undergone; fines of Rs. 5,000 and Rs. 3,000 to be deposited to injured Hardayal, legal heirs upon death.
What the court decided
A compact analysis
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Court No. - 17
Case :- CRIMINAL REVISION No. - 1553 of 1995
Revisionist :- Ramesh And Another Opposite Party :- State Of U.P. Counsel for Revisionist :- Ravindra Singh,I.Kumar Counsel for Opposite Party :- Govt. Advocate,A.G.A
Hon'ble Suresh Kumar Gupta,J.
Vakalatnama filed today by Sri Vijay Bahadur Shivhare and Sri Rahul Singh Rajpoot Advocate on behalf of the revisionists is taken on record. Revisionist Nos. 1 and 2 is present before this Court personally today.
The Criminal Revision has been filed against the order and judgment dated 25.11.1995 passed by Additional Sessions Judge/Special Judge E.C. Act Hamirpur in criminal appeal no. 11 of 1993 which was allowed in part but convicted the accused revisionists Suresh under Section 324 I.P.C. and sentenced for six months R.I. and a fine of Rs. 600/- and the accused revisionist Ramesh has been convicted under Section 323 I.P.C. and sentenced for three months R.I. and a fine of Rs. 250/- and both the revisionists were convicted under Section 504 I.P.C. with a penalty of Rs. 200/- the accused revisionists were convicted in the above-mentioned offence by the learned C.J.M., Hamirpur in criminal case no. 299 of 1991 on 26.4.1993 as the revisionists and one Vishwanath were convicted under Section 324 I.P.C. and sentenced for six months R.I. with a fine of Rs. 600 each and they were convicted under Section 323 I.P.C. and sentenced for the three months R.I. with a fine of Rs. 250/- each and they were convicted under Section 504 I.P.C. and sentenced for one month R.I. with a fine of Rs. 100/- each and in default of fine under Section 324 I.P.C they were sentenced for two months further R.I. and under Section 323 I.P.C. for one month R.I. and under Section 504 I.P.C. for 15 days R.I.
Issues for consideration
2 issues framed by the court
Whether sentence of eleven years ago may be modified leniently on the ground of the lapse of time.
Whether fines may be recovered to the injured in accordance with Section 357 Cr.P.C.
Parties & counsel
- petitioner
Ramesh
- petitioner
Suresh
- respondent
State Of U.P.
Coram
Case details
As recorded by the court registry
- Court
- Allahabad HC
- Decided on
- · March
- Registered
- Case no.
- CRLR/1553/1995
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