DESHRAJ SINGH Vs. STATE OF U P

JUDGEMENT

(1.) B. K. Rathi, J. The revisionist was convicted for offence under Section 39/40 of Electricity Act and was sentenced to six months rigorous imprisonment and to pay a fine of Rs. WOO/- and in default of pay ment of fine to further undergo simple imprisonment of one month by an order, dated 10-12-1999 passed by 1st Additional Chief Judicial Magistrate, Banda. Against that order the revisionist preferred Criminal Appeal No. 35/1999, which was dismissed and the conviction of the revisionist for offence under Section 39/40 Electricity Act was maintained. However, the sentence was modified and he was sen tenced to three months rigorous imprison ment to pay a fine of Rs. 1000/- by an order, dated 11-5-2000 passed by IVth Addition al Sessions Judge, Banda. Aggrieved by it, the present revision has been preferred.

(2.) I have heard Sri Veer Singh, learned counsel for the applicant and the learned A. G. A.

(3.) THE next contention of the learned counsel for the revisionist is that the sen tence may be reduced. THE learned counsel for the applicant has readily agreed that if considered proper, the fine may be en hanced, but the sentence may be reduced. 6, Considering the facts of the case and that it is the first offence committed by the applicant, the sentence of three months rigorous imprisonment of the revisionist is reduced to one month rigorous imprisonment. However, the fine of Rs. WOO/- is enhanced to Rs. 2000/- and in default of the deposit of the fine the applicant shall further undergo rigorous imprisonment for two months. 7. THE revision is, accordingly, dis posed of. Revision disposed of. .