Ajmer Singh and Another vs State of U.P.

M.C. Jain, J.—This is a revision by two persons, namely, Ajmer Singh and Badam Singh. They were convicted in Criminal Case No. 7 of 1982 by IXth Munsif Magistrate, Etawah on 21.12.1982 u/s 392, I.P.C. and sentenced to undergo rigorous imprisonment for two months and fine of Rs. 500 by each of them. In case of non-payment of fine, each of them was further directed to undergo additional rigorous imprisonment for three months. Both of them were further convicted u/s 25 of the Indian Arms Act and sentenced to undergo rigorous imprisonment for three months by each of them. Both the sentences were directed to run concurrently. They preferred a criminal appeal No. 19 of 1983 which was dismissed by the Appellate Court on 7.2.1983, meaning thereby that their conviction and sentences were maintained. Aggrieved, they preferred this revision.

I have heard Sri P.N. Lal, amicus curiae for the revisionists and learned A.G.A. representing the Respondent.

The revision is pressed only on the ground of sentences. It has been pointed out that as mentioned in the judgment of the lower court dated 21.12.1982, each of the revisionists was in jail for about seven months when the judgment was pronounced. The occurrence is of 3.5.1981. In other words, nearly 18 years have passed since the alleged occurrence took place. The case has been hanging over the heads of the revisionists over all these years. As mentioned above, each of them suffered imprisonment also for about seven months.

Having regard to the totality of the facts and circumstances mentioned above, no useful purpose would be served by directing further imprisonment of the revisionists. That would have the effect of unsettling their settled livings.

Therefore, the revision is dismissed on the point of conviction of the revisionists, but their sentences are reduced to the period already undergone by them.

Sri P.N. Lal, amicus curiae shall be entitled to fee as per rules.