HARI SINGH Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) MR . Raman Kumar Sah, Deputy Advocate General has handed over report sent by Inspector Kotwali Kashipur dated 10.11.2014 mentioning therein criminal history of the accused revisionists which is taken on record.

(2.) LEARNED counsel for the revisionists submitted that against the revisionist No.1, two criminal cases, namely, Case Crime No. 64 of 1994, under Section 302 I.P.C. and Case Crime No. 221 of 2004 under Sections 323, 325, 452, 504 and 506 I.P.C. were registered, therefore, he does not want to press revision on behalf of revisionist No.1. He further contends that since another Case Crime No. 221 of 2004 was got registered against accused revisionist No. 3 Pramod under Section 323, 325, 504 and 506 I.P.C., therefore, he does not want to press revision on behalf revisionist No.3 as well. Therefore, present revision is dismissed on behalf of revisionists Nos. 1 and 3 as not pressed.

(3.) LEARNED counsel for the revisionists contends that revisionists Nos. 2 and 4 are first time offender, therefore, in view of the judgment passed by this Court in the case of Devi Sharma and another Vs. State of Uttarakhand in Criminal Revision No. 246 of 2014 decided on 28.10.2014, revisionists Nos. 2 and 4 should be enlarged on probation considering the fact that both of them were sentenced to undergo maximum period of sentence of two years. This Court in the case of Devi Sharma and another Vs. State of Uttarakhand in Criminal Revision No. 246 of 2014 decided on 28.10.2014 has held as under: -