SURESH AND OTHERS Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) Present criminal revision was filed by the revisionists being aggrieved against their conviction and sentence for the offences punishable under Sections 324, 147 IPC and Sections 323, 147 IPC. Convict-revisionist Parsuram was directed to undergo six month s simple imprisonment under Section 324 IPC and Convict-revisionists Suresh, Avdesh, Raju, Sachdev and Phoola Devi were directed to undergo one months simple imprisonment under Section 323 IPC. Convicts Suresh, Parsuram, Avdesh, Raju, Sachdev and Phoola Devi were awarded one month s simple imprisonment under Section 147 IPC. All the sentences were directed to run concurrently.

(2.) It is the statement of learned counsel for the revisionists that revisionists Suresh, Avdesh, Raju and Sachdev have already undergone the term of sentence, which was awarded to them by the trial court, as affirmed by the lower appellate court. In view of such statement of learned counsel for the revisionists, criminal revision preferred on behalf of convicts Suresh, Avdesh, Raju and Sachdev has rendered infructuous, in as much as they have already served out the sentences awarded to them.

(3.) Learned counsel for the revisionists argued the criminal revision on behalf of Parsuram and Phoola Devi on the point of sentence only. It is the submission of learned counsel for the revisionists that Parsuram remained in jail for 22 days and thereafter he was enlarged on bail. Likewise, revisionist Phoola Devi remained in jail for 16 days and thereafter she was enlarged on bail. Learned counsel for the revisionists prayed that Parsuram and Phoola Devi be awarded sentence for the period already undergone by them. This Court is inclined to accept the contention of learned counsel for the revisionists in respect of convict-revisionist Phoola Devi only, keeping in view the fact that she was convicted under Sections 323, 147 IPC and was directed to undergo simple imprisonment for one month for each offence, which were directed to run concurrently.