Partly allowed

Ram Chandra v. State of U.P.

Allahabad HC28 Jan 2021CRLR/377/1995

Case brief

AI extract

What is this about?

The revision against convictions under Section 498A IPC and the Dowry Prohibition Act was partly allowed. While maintaining the conviction, the sentence of imprisonment was reduced to the period already undergone due to the appellant's advanced age, imposing a fine of Rs. 500/-

What did the court decide?

Sentence of imprisonment modified and reduced to period already undergone; fine of Rs. 500/- imposed; release from jail subject to fine deposit.

Ram Chandra Vs State of U.P. — Domestic Violence | Allahabad HC (2021)

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Court No. - 69

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Case :- CRIMINAL REVISION No. - 377 of 1995

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Revisionist :- Ram Chandra Opposite Party :- State of U.P. Counsel for Revisionist :- R.P. Misra Counsel for Opposite Party :- A.G.A.

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Hon'ble Neeraj Tiwari,J.

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Criminal Misc. Restoration/Recall Application No.2 of 2020

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This is an application for recalling the order dated 08.08.2019 dismissing the criminal revision.

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Heard learned counsel for the revisionist.

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In view of the averments made in the affidavit filed in support of the application, the application is allowed. The order dated 08.08.2019 is recalled and the criminal revision is restored to its original number.

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Criminal Misc. Delay Condonation Application No.1 of 2020

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Cause shown is sufficient.

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The delay condonation application is allowed.

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The delay in filing the recall application is condoned.

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Order on Order Sheet

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Heard Sri Deepak Kumar Srivastava, learned counsel for the revisionists, learned A.G.A. for State and perused the record.

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The present revision has been preferred against the judgement and order dated 2.2.1995 passed by IIIrd Additional Sessions Judge, Shahjahanpur in Criminal Appeal No. 59 of 1994, arising out of case No. 2449 of 1993 (State Vs. Ram Chandra and others) by which he has maintained the earlier judgement and order dated 4.6.1994 passed by IInd A.C.J.M., Shahjahanpur, convicting and sentencing the revisionist to one year simple imprisonment in under section 498A I.P.C. with fine of Rs. 200/- and one month simple imprisonment in under Section 3/4 D.P. Act with fine of Rs. 200/- and in default of payment of fine to undergo further simple imprisonment for fifteen days.

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Counsel for revisionist at the very outset stated that he is not assailing judgment of the Courts below on merits, but is seeking mercy stating that this is an old matter and accused-revisionist is now attained advance age, therefore, sentence of imprisonment awarded to him be reduced to the period already undergone.

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Looking to the entire facts and circumstances and also the fact that accused-revisionist has attained advance age and in jail from 31.07.2020, while maintaining the conviction, I am inclined to reduce sentence of imprisonment under Section 498A IPC and Section 3/4 D.P. Act to the period already undergone though a fine of Rs. 500/- is imposed.

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Accordingly, Revision in respect of Revisionist is partly allowed . Conviction of accused-revisionist is maintained, but, sentence awarded by Trial Court under Section 498A IPC and Section 3/4 D.P. Act is modified and reduced to the extent of sentence of imprisonment already undergone by accusedrevisionist though a fine of Rs. 500/- is imposed. The revisionist be released from jail forthwith subject to deposit of fine of Rs. 500/-.

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Certify the judgment to the Court below immediately.

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Order Date :- 28.1.2021 Arvind

Ram Chandra v. State of U.P.

Case brief

What is this about?

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Ram Chandra v. State of U.P.

Case brief

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