This court modified the sentence awarded to revisionists in a case over 30 years old, reducing it to the period already undergone and directing the deposit of a sum as compensation under Section 357 Cr.P.C.
Sentence modified to period undergone; Rs. 10,000/- compensation directed to be deposited.
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Court No. - 17
Case :- CRIMINAL REVISION No. - 905 of 1996
Revisionist :- Bharati Ram And Others Opposite Party :- State Of U.P. Counsel for Revisionist :- H.M. Srivastava,Abida Syed (A/C),K.M.Singh. Counsel for Opposite Party :- Govt. Advocate..
Hon'ble Suresh Kumar Gupta,J.
The Criminal Revision has been filed against the order and judgment dated 22.6.1996 passed by Sessions Judge, Ballia in appeal no. 4 of 1996 dismissing the appeal filed by the revisionist against the judgment and order dated 31.1.1996 passed by Chief Judicial Magistrate, Ballia in case no. 2195 of 1988 under Section 429 I.P.C. Police Station -Kotwali District Ballia convicting the revisionists for one year R.I. under Sections 429 I.P.C.
Heard Dr. Abida Syed (Amicus Curiae)learned counsel for the revisionists, learned A.G.A. for the opposite party-State and perused the record.
Learned counsel for the revisionists has submitted that matter is very old and he prays only with regard to the sentence. The revisionists has filed this revision against the impugned order passed by the court below in the year 1996 which has been heard today after laps of more than 30 years, hence in these circumstances, this Hon'ble Court may take lenient view and graciously modify the sentence awarded to them for the period undergone alongwith fine.
Considering the law laid down by Apex Court in Ankush Shivaji Gaikwad Versus State of Maharashtra (arising out of S.L.P. (CRl.) No. 6287 of 2011) , this Hon'ble court may take a view of leniency and graciously modified the sentence awarded to revisionists to the period already undergone alongwith fine. In case this Hon'ble Court finds it desirable to enhance the fine, the revisionists will not treat the same as enhancement of sentence.
Having heard learned counsel for the parties, considering the facts and circumstances of the case alongwith case law cited above, I am of the view that sentence part of the impugned order dated 22.6.1996 is desired to be modified suitably. However, there are 2 living revisionists, as per report dated 23.8.2016 revisionist no. 1 has died and for the reasons stated above, sentence part of the impugned orders is modified to the
extent that the revisionists are sentenced for the period of sentence undergone and compensation of Rs. 10,000/-, to the Dhela Ram, owner of animals and out of Rs. 10,000/Revisionist no. 2, Keshaw Ram will deposit Rs. 5,000/- to Dhela Ram and Revisionist no. 3, Dina Ram will deposit Rs. 5,000/- Dhela Ram. In case of death of Dhela Ram it will be paid in favour of his legal representatives/heirs) under Section 357 Cr.P.C.
In case of failure to deposit the fine as directed above, they will serve out the remainder of sentence.
A copy of this order be communicated to the trial concerned for necessary compliance.
The revision is disposed of to the aforesaid extent.
Dr. Abida Syed, learned Amicus Curiae has assisted the Court very diligently. I provide that she shall be paid counsel's fee as Rs.10,000/-. State Government is directed to ensure payment of aforesaid fee through Additional Legal Remembrancer posted in the office of Advocate General at Allahabad to Dr. Abida Syed, Amicus Curiae, without any delay and, in any case, within 15 days from the date of receipt of copy of this judgment..
O rder Date :- 13.3.2019
A. Pt. Singh
Colour shows how this judgement treated each authority
Ankush Shivaji Gaikwad Versus State of MaharashtraRelied on¶8
Ankush Shivaji Gaikwad Versus State of Maharashtra (arising out of S.L.P. (CRl.) No. 6287 of 2011)
1 provisions across 1 enactments
Bharati Ram And Others
State Of U.P.
Suresh Kumar Gupta
As recorded by the court registry
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