Walisher Khan alias Dunney and Others vs State

Kundan Singh, J.—This revision is directed against the judgment and order dated 3.2.1996 of VIth Addl. Sessions Judge, Pilibhit, dismissing the Criminal Appeal No. 40 of 1994 and confirming the conviction and sentence of the applicants u/s 382, I.P.C. and a sentence of one year R.I. and a fine of Rs. 1,000 each, awarded by the Ist Addl. Chief Judicial Magistrate, Pilibhit in Criminal Case No. 2255 of 1994.

The incident is said to have taken place at about midnight of 9/10.7.1986 in the house of the informant Rahim Khan, in which it is alleged that the applicants had stolen away a box which contained two watches--Time Star, two Burkas, two lady suits and currency notes of Rs. 1,000. It is also alleged that during the incident, the informant and his wife were assaulted with dandas. The miscreants after some distance left the box and set fire on the material of the box and took away currency notes of Rs. 1,000 which were kept in the box. On the body of informant, two lacerated wounds 3 cm. x 0.5 cm. x skin deep x 2 cm. x .5 cm. x skin deep on head and three contusions were found on the arms of the informant. One lacerated wound of dimension 5 cm. x 0.5 cm. on head and 2 contusions on non-vital parts were found on the body of the lady by the doctor who medically examined them. Those injuries were also found simple in nature. Both the courts below believed the evidence and the learned Magistrate held guilty of the applicants for the offence charged with and convicted and sentenced them as stated above. On appeal, their conviction and sentence were affirmed by the learned Addl. Sessions Judge.

Heard learned Counsel for the parties.

This revision was admitted on the question of sentence. The learned Counsel for the applicant submitted that the applicant had already been in jail for about 11/2 months. According to him, it appears that the incident took place at a trifle matter and that has been given the colour version of theft in which the applicants have been named and no stolen property was recovered from their possession. The applicants have also not been proved any previous convict by any court of law. The applicants have already deposited the amount of Rs. 1,000 each. It would not be proper to send the applicants behind the bars after a period of 11 years.

I have given my anxious thought to the submission made on behalf of the applicants. In the incident, even according to the prosecution, the property taken by the miscreants were only two watches--Time Star, two Burkas and two ladies suits and an amount of Rs. 1,000 in cash. The miscreants had left the box stolen from the house of the informant at some distance where they set it fire on the material which were kept in the box. Of course, few simple injuries were also found on the person of the informant and his wife. The applicants have suffered lot of mental agony from July, 1986. They suffered imprisonment for about 11/2 months. They have also deposited the amount of fine. In case the sentence is reduced to the period already undergone would meet the ends of justice. I do not want to send the applicant again behind the bars after a period of about 11 years from the date of incident. Upholding the conviction of the applicant I reduce the sentence of one year R.I. to the period already undergone and a fine of Rs. 1,000 each, which have already been deposited by the applicants. With this modification, the revision is dismissed.

The applicants are on bail. They need not surrender. Their bail bonds are cancelled and sureties are discharged.