Partly allowed

Nand Lal and Others v. State of U.P.

Allahabad HC11 Dec 2019CRLR/4674/2004

Case brief

AI extract

What is this about?

In a criminal revision filed by convicts against a conviction and sentence of five years rigorous imprisonment under section 394 IPC, the High Court reduced the sentence to three and a half years, considering the long pendency of proceedings and the substantial period of imprisonment already undergone by the appellants. The default sentence of three months was also commuted to one month.

What did the court decide?

Sentence of five years rigorous imprisonment under section 394 IPC reduced to three and half years; default sentence of three months reduced to one month.

Nand Lal and Others Vs State of U.P. — Property and Title | Allahabad HC (2019)

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Court No. - 55

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Case :- CRIMINAL REVISION No. - 4674 of 2004

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Revisionist :- Nand Lal And Others Opposite Party :- State of U.P. Counsel for Revisionist :- R.K.S. Chauhan,Chandra Bhushan Verma,R.L. Varma,Santosh Kukmar Tiwari,Shamsher Singh Counsel for Opposite Party :- Govt. Advocate

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Hon'ble Pradeep Kumar Srivastava,J.

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Heard Sri R.L. Varma, learned counsel for the revisionists, Sri R.P.S. Kushwaha, learned A.G.A. for the State and perused the record.

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This revision has been filed by the convicted revisionists-Nand Lal, Ram Pal and Dharam Pal against the judgement of conviction passed by Additional District and Sessions Judge, Court No. 4, Shahjahanpur in Case No. 3143 of 1999 (State v. Nand Lal & others), under section 394, 411 IPC, P. S.Sehramau North, District Shahjahanpur in which, learned Magistrate vide judgement dated 13.8.1999 convicted all three accused persons for the offence under section 394 IPC and sentenced them for five years rigorous imprisonment and Rs.2000/- fine each and in default, three months simple additional imprisonment. Learned Magistrate also convicted and sentenced the accused persons for the offence under section 411 IPC, but the same was set aside by the order dated 04.8.2004 passed by Additional District & Sessions Judge, Shahjahanpur in Criminal appeal Nos. 32 of 1999, 30 of 1999 and 34 of 1999, therefore, this revision has been filed challenging the conviction and sentence under section 394 IPC.

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Learned counsel for the revisionists at the very out set has submitted that sufficient period of imprisonment has been undergone by the revisionists, hence a sympathetic view may be adopted and sentence may be reduced for substantial period.

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Learned A.G.A. has opposed the prayer of learned counsel for the revisionists and submitted that judgement of learned trial court is based on evidence on record and finding the revisionists guilty, they have been convicted and sentenced appropriately.

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Several letters dated 10.4.2019,12.4.2019, 20.6.2019, 27.6.2019 and 29.6.2019 are attached with this file showing the period to which, the revisionists have been in jail against the awarded sentence.

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Learned counsel for the revisionists has submitted that revisionists have already passed the period of imprisonment for more than three years, as such, the said period of imprisonment may be taken to be sufficient to that extent and sentence may be reduced.

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In view of period underwent by the revisionists and also keeping in view that from the last about 25 years, the proceedings have been continued against the revisionists, I find it appropriate that awarded sentence of five years under section 394 IPC should be reduced to three and half years. So far as default sentence of three months is concerned, the same is reduced to one month.

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Accordingly, with the above modification, the revision is finally disposed of.

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The office is directed to return the lower court record along with a certified copy of this order to the court concerned for information and necessary compliance.

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Order Date :- 11.12.2019 RCT/-

Nand Lal and Others v. State of U.P.

Case brief

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Nand Lal and Others v. State of U.P.

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