Diwan Singh vs State of Uttaranchal and Another

Servesh Kumar Gupta, J.—This criminal revision has been directed against judgment and order dated 11.12.2001 rendered by Sessions Judge, Rudraprayag in Criminal Appeal No. 15 of 1997, renumbered as No. 1/01 Diwan Singh v. State.

In the said appeal, the judgment and order dated 29.05.1997 passed by Chief Judicial Magistrate, Chamoli (Gopeshwar) was confirmed. This way, revisionist Diwan Singh remained convicted for the offence u/s 409 Indian Penal Code, wherefore he was sentenced to undergo three months rigorous imprisonment and fine of Rs. 5,000/-. In addition to, he was also found guilty for the offence under Sections 420, 468, and 471 Indian Penal Code wherefore he was sentenced to undergo one year''s rigorous imprisonment for each of the offence alongwith the order for fine of Rs. 3,000/- in each offence. Thus, in total fine imposed upon Diwan Singh, was Rs. 14,000/-. It was also directed that out of this amount of Rs. 14,000/-, Rs. 11,000/- will be paid to Gram Sabha, Ookhimat as compensation.

Heard the learned Counsel for the revisionist and learned Brief holder for the State/Respondent.

The Court has been apprised that at the time of passing sentence in the trial court, revisionist Diwan Singh was aged 64 years. Now 14 years has been elapsed, so age of Diwan Singh comes out to 78 years and at this juncture of life he being an octogenarian, is bed ridden and counting his last breath.

Learned Counsel for the revisionist has also apprised to the Court that he had been in jail almost for a month in the said case crime. So looking to his old age and physical condition of revisionist-Diwan Singh as well as considering the facts of the case that he has been held guilty for embezzlement of only Rs. 17,000/-. The incident is of the year 1990. So, in the interest of the justice, by maintaining the conviction, he may be accepted to have served his sentence of imprisonment to that of already undergone by him.

The Court in view of the circumstances too agrees with the above contention of learned Counsel for the revisionist. So, the revision is partly allowed. The sentence of Diwan Singh is modified to that of already undergone by him, which has been almost one month. The sentence of fine imposed by the court below shall remain intact. He will deposit the fine, as ordered by the trial court. If any percentage of fine has already been deposited, that will be adjusted.

Let the lower court record be sent back forthwith for compliance.