Mahesh vs State of U.P.

B.K. Rathi, J.—Heard Sri Shri Ram Rawat, learned Counsel for the applicant and the learned A.G.A.

The revisionist was convicted for offence u/s 411, I.P.C. by order dated 7.3.1998 by A.C.J.M. Ist, Agra and was sentenced to two years R.I. and to pay a fine of Rs. 2,000. Against that order the revisionist preferred Criminal Appeal No. 52 of 1998, which have been decided on 23.6.2000, by XII Ith Additional Sessions Judge, Agra. The conviction has been maintained but the sentence has been modified to one year imprisonment and a fine of Rs. 2,000 and in default of payment of fine six months imprisonment. Aggrieved by it, the present revision has been preferred.

The learned Counsel for the revisionist has not challenged the conviction before me. After perusing the judgment of the trial court, I am of the view that the revisionist was rightly convicted.

Learned Counsel for the revisionist has confined his argument on sentence. It is contended that theft of buffalo is alleged. That the incident took place in the year 1985, i.e. more than fifteen years before. It is further contended that after decision of the appeal the revisionist is in jail since 23.6.2000, i.e. more than two months.

Considering all the arguments while maintaining the conviction of the revisionist for offence u/s 411, I.P.C., I modify the sentence and he is sentenced to undergo imprisonment for the period for which he had been in jail in this case and to pay a fine of Rs. 2,000 and in default of payment of fine further undergo imprisonment for six months.

The revision is disposed of.