BALDEV SINGH Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) This revision has been directed against the concurrent finding of conviction.

(2.) Having heard the learned counsel of the revisionist as well as learned AGA for the State, it appears that the incident relates back to dated 6.3.1990, where a motorcycle was robbed. The said bike was recovered on 31.3.1990 from the possession of the revisionist Baldev Singh. The police submitted a chargesheet against the revisionist for the offence of Section 411 IPC, which was the basis of his trial that ended in conviction in criminal trial no.1081 of 2002 (Old No.167/92) pertaining to P.S. Kashipur. The learned Magistrate passed a sentence of two years' R.I. and Rs.1,000/- fine and in default of payment of fine, he was further directed to undergo three months' additional imprisonment. Against the said order, a criminal appeal no.8 of 2003 was heard by learned Sessions Judge, U.S. Nagar and the same was dismissed, affirming the judgment and order passed by learned Magistrate. Feeling disgruntled, the convict/revisionist has filed this revision before this Court.

(3.) Learned counsel for the revisionist has asked mercy of this Court and prayed for the reduction of sentence taking into consideration of the two decades gap of the incident as well as the gravity of the offence. He also apprised this Court that the accused is a labourer and has been in gaol for more than three months and 20 days. It has further been argued that the accused does not have any criminal history and he is a very indigent person, thus, deserves lighter punishment because the sentence awarded by the trial court is too harsh. This Court also do agree with the submissions of learned counsel of the revisionist and finds that the revision is partially allowable.