Raman and Ors. vs State of U.P.

J.C. Mishra, J.—This revision is directed against the judgment and order dated 201283 passed by Additional Sessions Judge, Mathura dismissing the appeal preferred against the judgment and order dated 15483 passed by Judicial Magistrate, Sadar, Mathura convicting the revisionists under Section 411, IPC and sentencing him to rigorous imprisonment for one year.

Despite the list being revised, none appeared to press this revision.

The report of the processserver indicates that the accused Snri Chand and Raman have died.

The learned Judicial Magistrate on consideration of the prosecution evidence held that the prosecution could not prove the offence punishable under Sections 457/380, IPC and, therefore, acquitted them for these offences under Sections 457/380, IPC. He however, held that the prosecution succeeded in proving the case under Section 411, IPC and convicting him accordingly and sentenced him in HI for one year. The learned Sessions Judge, however, altered the sentence and released on probation of their furnishing personal bond of Rs. 1,000 and two suretives each in the like amount for making good behaviour for a period of one year.

After having gone through the evidence with the help of learned A.G.A, I find that the prosecution succeeded in proving its case beyond shadow of doubt that the accused committed offence punishable under Section 411, IPC. Though it was not a fit case for releasing the accused on probation but since the State has not come up in appeal, it cannot be interfered in revisional jurisdiction.

I do not find any merit in the revision. It is dismissed accordingly. The stay shall stand vacated. The revisionist may submit bonds if it has not already been submitted. Revision dismissed.