Lokendra Singh and Anr. vs State of U.P.

P.K. Jain, J.—Heard Sri B.D. Maurya, learned Counsel for revisionist Piyush Kumar and Sri Vinod Kumar Sharma, learned Counsel for revisionist Lokendra Singh and the learned A.G.A. for the State.

Both the revisionist were convicted under Section 411, IPC and sentenced to undergo R1 for one year and pay a fine of Rs. 1,000/ each and in default of payment of fine to further undergo S.I. for 3 months.

Criminal Appeal Nos. 65 of 1996 and 66 of 1996 preferred by the revisionist were dismissed by the learned Addl. Sessions Judge vide judgment and order dated 8897.

This criminal revision has been filed challenging the judgments and orders of the trial Court as well as of the appellate Court. The learned Counsel for the revisionist has pressed the revision only on the question of sentence. It is contended that the incident occurred in the year 1989 and the revisionists were on the ordeal trial for more than 8 years. They are young boys and there has been no other conviction to their credit except conviction in the present case. It is also contended that their further detention in jail with hardened criminals would be detrimental to the revisionists as well as to their future career. It is further pointed out that they have been in jail for about a month since after the dismissal of the appeal and prior to that also they were in jail for sometime before they were released on bail. Lastly, it is contended that in case the amount of fine is enhanced, the revisionists will not treat it as enhancement in the punishment.

Having considered the arguments advanced by the learned Counsel for the revisionsits and having considered the age of the revisionists and also the fact that this is their first crime the revision is partly allowed. Conviction of the revisionists under Section 411, IPC is maintained. The order of sentence passed by the Courts below is, however, modified. The revisionists are sentenced to undergo imprisonment for the period they have already been in jail and pay a fine of Rs. 2,000/each and in default of payment of fine they will undergo the period of imprisonment awarded by the Courts below. The amount of fine already paid shall be adjusted towards the amount of fine imposed in this revision. On payment of amount of fine the revisionits shall be set at liberty.

Let a certified copy of this order be made available to the learned Counsel for the revisionists within 48 hours on payment of usual charges.