Banwari and Others vs State of U.P.

R.K. Singh, J.—Heard learned Counsel for the revisionist at length and perused the impugned judgment dated 10.12.1982 passed by Special Judge--Additional Sessions Judge (E. C. Act), Azamgarh in Criminal Appeal No. 133 of 1982. Also perused discussions made in the trial court judgment passed by Additional Judicial Magistrate, Ghosi, Azamgarh in Criminal Case No. 80 of 1982, dated 26.8.1982. The allegations of theft of ''Arhar'' crop from the possessions of the complainant Aliyar is based on proper appreciation of evidence on record. The impugned judgment has detailed discussions on the oral and documentary evidence adduced on record. There is judicious appreciation of evidence adduced by the parties. There is no scope for interference. The conviction u/s 379, I.P.C. has been proved satisfactorily beyond reasonable doubt. The sentence of fine of Rs. 500 per head was awarded to the revisionists. This sentence of Rs. 500 per head is in no way severe considering the nature of crime proved against the revisionist. The revision petition does not disclose merit. The conviction and sentence awarded to the revisionist is confirmed. The revision petition is dismissed.

The revisionists have already deposited Rs. 200 per head towards the fine of Rs. 500 under the order of this Court dated 23.12.1982. The revisionists are directed to deposit the remaining amount of Rs. 300 per head within two months positively. On deposit this amount of fine will be given to the sufferer (complainant) Aliyar as compensation.