Lalloo vs State

P. Dayal, J.—This revision arises out of the order of conviction and sentence, passed by the two lower courts, convicting and sentencing the revisionist to six months R. I. under Section 411,I. P, C.

The prosecution case, briefly stated, has been that on 2031984 at about 10.00 a. m. in village Mohammad Daud, within the circle of police station Mawai, district Barabanki some ornaments of the complainant Purdil were stolen from his house. The first information report was lodged on the same day at 9.30 p. m. The stolen articles were recovered on 2131984 at 6.30 a. m. from the house of the revisionist. The chargesheet was submitted, and after trial he was convicted and sentenced by the trial court by means of an order dated 10387 to six months'' R. I. under Section 411, I.P.C. He filed Criminal Appeal No. 19 of 1987 which was dismissed on 20787.

The revision was admitted on point of sentence. The learned counsel for the revisionist has rightly contended that he deserves leniency in the matter of sentence in view of the facts and circumstances of this case.

The revisionist was not arrested on the spot and he has not been a previous convict as the record indicates. The stolen articles were recovered from his house on the next day. He suffered the agony of trial and he incurred considerable expenses for his defence, right upto the stage of filing of this revision before the High Court. He has been in jail for at least 22 days and the agony of imprisonment now suffered by him will sufficiently meet the ends of justice.

The revision is partly allowed on point of sentence to the extent that the conviction of the revisionist under Section 411, I. P. C. is confirmed, but the sentence of imprisonment is reduced to the period already undergone by him, instead of six months.

The revisionist in on bail. His bail bonds are discharged and he need not surrender to the same.

Revision partly allowed.