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Ram Narain Singh vs State of U.P.

Allahabad High Court · Decided on 1 December 2000 · Citation: (2001) 2 ACR 1856

HON’BLE JUDGES
Virendra Saran, J
ACTS & SECTIONS REFERRED
Penal Code, 1860 (IPC) — Section 353
RESULT
Dismissed
CASE NUMBER
Criminal Revision No. 1187 of 1984
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Judgment

9 paragraphs · 352 words

Virendra Saran, J.—I have heard Sri W. H. Khan, learned Counsel for the applicant and learned State counsel.

2.

The present revision arises out of the order dated 4.7.1984 of Shri G. D. Dubey, Sessions Judge, Ballia, passed in Criminal Appeal No. 81 of 1984, dismissing the appeal and affirming the conviction of the applicant u/s 353, I.P.C. and sentence of three months'' R.I. thereunder.

3.

Learned Counsel for the applicant has pressed this revision only on the question of sentence. He has invited my attention to the order of this Court passed in connected Criminal Revision No. 1186 of 1984, wherein another Hon''ble Judge of this Court has reduced the sentence of imprisonment of the co-accused Anil Kumar Dubey to the period of imprisonment already undergone by him and further the Court has inflicted a fine of Rs. 1,000 on the co-accused.

4.

I have gone through the judgment dated 3.4.1997 of Hon''ble P. K. Jain, J., passed in the connected revision.

5.

Considering the entire fact and circumstances of the case and the fact that the sentence of imprisonment of co-accused Anil Kumar Dubey has been reduced to the period of imprisonment already undergone by him.

6.

I am of the opinion that the sentence of the applicant may also be reduced to the period of imprisonment already undergone by him and in addition, the applicant may be fined.

7.

Accordingly, this revision is partly allowed. The conviction of the applicant u/s 353, I.P.C. passed by the courts below is maintained. But his sentence of three month''s R.I. is reduced to the period of imprisonment already undergone by him. In addition, the applicant is sentenced to fine of Rs. 1,500. In default of payment of fine the applicant shall undergo one month''s R.I. The applicant is granted three months'' time to deposit the fine in the trial court failing which law shall take its course.

8.

With the above modification in sentence this revision is dismissed.

9.

A copy of the above judgment shall be supplied to learned Counsel for the applicant on payment of usual charges as early possible.