Munna Singh and Others vs State of U.P.

Ashok Kumar Roopanwal, J.—This revision has been filed against the judgment and order of conviction and sentence dated 5.4.10 passed by the CJM, Court No. 17, Etah in case No. 752/10 whereby the revisionists were found guilty for the offence punishable u/s 25, Arms Act and were convicted and sentenced to undergo one year rigorous imprisonment and a fine of Rs. 1,000/- each and in default of payment of fine further imprisonment for 45 days and order dated 8.7.10 passed by the District & Sessions Judge, Etah in criminal appeal No. 42/10 whereby the appeal filed against the judgment dated 5.4.10 was dismissed.

Heard Mr. Ashutosh Upadhyay holding brief of Mr. Nitinjay Pandey, learned Counsel for the revisionists, learned AGA and perused the record.

Mr. Upadhyay did not argue this revision on merits. Only a prayer has been made to reduce the sentence being excessive in nature.

Considering the nature and gravity of the offence alleged to have been committed by the revisionists, I am of the view that Six months R.I. and fine, as ordered by the trial court, would be sufficient.

Accordingly, this revision is partly allowed. Conviction and sentence recorded u/s 25, Arms Act is maintained, however, the sentence awarded to each of the revisionists is modified. Now, instead of serving out sentence for one year R.I. each revisionist shall undergo R.I. for six months along with the payment of fine of Rs. 1,000/- each. In case of default of payment of fine the defaulter shall serve out that much of sentence which was awarded by the trial court. The period already undergone in jail in this case shall be adjusted in the period of imprisonment.