Faquir Chand and Another vs State of U.P.

T.P. Garg, J.—Heard Sri G.S. Chaturvedi, learned Counsel for the revisionists and the learned A.G.A. for the State.

This criminal revision is directed against the conviction of the applicants under Sections 452/324 and 323/34, I.P.C. passed by the Vth Addl. Sessions Judge, Rampur in Criminal Appeal No. 46 of 1994.

The applicants were convicted and sentenced to undergo R.I. for six months and also to pay a fine of Rs. 1,000 u/s 452, I.P.C., R.I. for six months and also to pay a fine of Rs. 1,000 u/s 324, I.P.C., and R.I. for three months and fine of Rs. 500 u/s 323/34, I.P.C. They had filed an appeal against the aforesaid conviction and sentence, which was dismissed with the modification in the sentence that the substantive sentences were maintained u/s 452, I.P.C. but the fine was reduced from Rs. 1,000 to Rs. 100 each, while the sentence of fine under Sections 323 and 324/34, I.P.C. was set aside.

Learned Counsel for the applicants has not challenged the aforesaid conviction of the applicants on merit. During the course of arguments, the learned Counsel for the applicants has only prayed for taking a lenient view in the matter of sentence on the ground that the occurrence pertains to the year 1987 and it is a period of ten years that the applicants have been undergoing the ordeal of a very long trial, during which they have suffered acute mental agony besides financial hardship.

Having regard to the facts and circumstances of the case and that the conviction of the applicants is not challenged on merits, the same is maintained. Even otherwise, a perusal of the impugned order shows that the conviction of the applicants is based upon a sound appreciation of the entire evidence on record and is fully justified and same is thus maintained even on merits. As regards sentence, suffice will it be to say that the applicants have already remained in jail for a period of about one month and having regard to the fact that they have been undergoing ordeal of a very long trial, in my opinion, the ends of justice will be amply met if the period of sentence is reduced to that already undergone. The sentence of fine u/s 452, I.P.C. is, however, maintained. Order accordingly.

With the aforesaid reduction/modification in the sentence, this revision is dismissed.