SHIV RATAN Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard Sri D. V. Singh, learned counsel for the applicant. The applicant Shiv Ratan was found in possession of some wire on 7-3-1982. After investigation he was charge-sheeted under Sec. 379/412, I.P.C. The learned Magistrate believed the prosecution case, discharged the applicant of the charge under Sec. 379, I.P.C. but convicted him under Sec. 411, I.P.C. He awarded a sentence of six months to the applicant. On appeal the conviction was maintained but the sentence was reduced to three months R. I. Learned counsel for the applicant had drawn the attention of this Court to the fact that the date of incident in this case is 7-3-1982, i. e. more than about eight years ago. It was argued further that the value of the wire recovered was around Rs. 1,500.00. It was brought to the notice of the Court that the applicant has already been in jail as an under-trial and as a convict for the period of one month. Under the circumstances it was suggested that the period already undergone should meet the ends of justice Having heard Sri S. Misra, learned A.G.A. in opposition there appears to be substance in the argument of the learned counsel for the applicant. The incident is indeed more than eight years old and the admitted value of the article was about Rs. 1,500.00. No useful purpose would be served if the applicant is sent to jail again. It appears just and proper on the facts and circumstances of this case to maintain the conviction of the applicant but the sentence be reduced to the period already undergone. It is hereby directed that conviction of the applicant under Sec. 411, I.P.C. is maintained but his sentence of three months' R.I. is reduced to the period already undergone. With the aforesaid modification in the sentence the revision is dismissed. The applicant is on bail his bonds are discharged and he need not surrender. Revision allowed.