Rajjan Lal vs State of U.P.

P.K. Jain, J.—Heard Sri I.N. Mishra, holding brief of Sri G.P. Dikshit, learned Counsel for the revisionist and learned A.G.A. for the State.

The revision is pressed on the question of sentence only. The revisionist Rajjan Lal was convicted by the trial court u/s 379, I.P.C. and was sentenced to undergo rigorous imprisonment for six months and also to pay fine of Rs. 500. In default of payment of fine, he was sentenced to further undergo imprisonment for two months. Criminal Appeal No. 119/M of 1984 was preferred by him failed and the judgment and order of trial court was affirmed.

It is contended before this Court that the appeal was dismissed on 7.8.1984. The Appellant was taken into custody and was directed to be released on bail by this Court on 28.8.84. Prior to that also, he was in jail for some time till he was released on bail by the trial court. It is also contended that theft of Rs. 50 only had taken place in the year 1982. There is no other conviction to the credit of the revisionist. No useful purpose would be served by sending him to jail after lapse of 15 years.

Having considered the arguments advanced by the learned Counsel for the revisionist, I feel that the sentence of imprisonment already undergone by the revisionist and payment of fine of Rs. 500 would meet the ends of justice and consequently, revision is partly allowed. Conviction of the revisionist u/s 379, I.P.C. is upheld. Sentence is reduced to period of imprisonment already undergone with a fine of Rs. 500. In default of payment of fine, he would further undergo to imprisonment for six weeks.