Allahabad High Court
Umrai vs State Of U.P. on 18 September, 2019
Author: Sudhir Agarwal
Bench: Sudhir Agarwal
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 34 Case :- CRIMINAL REVISION No. - 741 of 1996 Revisionist :- Umrai Opposite Party :- State Of U.P. Counsel for Revisionist :- Anil Srivastava Counsel for Opposite Party :- Govt. Advocate Hon'ble Sudhir Agarwal,J.
1. Heard Sri Anil Srivastava, learned counsel for the revisionist, learned A.G.A. for State and perused the record.
2. This criminal revision under Section 397/401 Cr.P.C., has been filed aggrieved by the judgments and orders dated 10.03.1995 and 27.04.1996. The Fourth Additional Chief Judicial Magistrate, Budaun vide order dated 10.03.1995 convicted revisionist and sentenced him to undergo six months simple imprisonment with fine of Rs. 1000/- under Section 353 IPC. Thereagainst, revisionist preferred Criminal Appeal No. 20 of 1995 and Appellate Court while dismissing appeal has confirmed the conviction and sentence passed by Trial Court. Being aggrieved the revisionist preferred present revision.
3. Counsel for revisionist at the very outset stated that he is not assailing judgment of the Courts below on merits, but is seeking mercy stating that this is an old matter and accused-revisionist is now attained advance age, therefore, sentence of imprisonment awarded to him be reduced to the period already undergone.
4. Looking to the entire facts and circumstances and also the fact that accused-revisionist has attained advance age, while maintaining the conviction, I am inclined to reduce sentence of imprisonment under Section 353 IPC to the period already undergone though the fine imposed under Section 353 IPC is increased from Rs. 1000/- to Rs. 2000/-.
5. Accordingly, Revision is partly allowed. Conviction of accused-revisionist is maintained, but, sentence awarded by Trial Court under Section 353 IPC is modified and reduced to the extent of sentence of imprisonment already undergone by accused-revisionist and fine imposed under Section 353 IPC is increased from Rs. 1000/- to Rs. 2000/-. The amount of fine shall be paid by revisionist within a period of two months from today and in case of non-payment of fine the revisionist shall undergo three months rigorous imprisonment.
6. Certify the judgment to the Court below immediately.
Order Date :- 18.9.2019 AK