HARISH CHANDRA Vs. STATE

JUDGEMENT

(1.) These two revisions filed by Panna Lal, Ishwar Ram Ratan and Harish Chandra, being directed against the same judgments and orders passed in ci tion with the same case, are being disposed of simultaneously by this order. The two lower Courts have convicted the revisionists with offence under Section 411, I. P. C. and sentenced each of them to rigorous imprisonment for one year and fine of Rs. 2,000/ -. The stolen property, according to prosecution story was recovered from the revisionists in 1974, that is, about 16 years ago. After lapse of such long time reappraisal of evidence, which is usually not possible in revisions in not likely to serve any useful purpose. Magistrate passed order for delivery of property alleged to have been recovered from revisionists to the complainant. It does not appear from the judgment of the lower appellate Court that revisionists filed any appeal against the order or raised any ground of appeal against that order. Hence, the order for disposal of property passed under Section 452, Cr. P. C. has become final. Even if the revisionists claim the property in this revision they cannot be helped. It is evident from the judgment and order of the Magistrate that first offenders' benefit was claimed before him. He refused first offenders, benefit only on the ground that the offence is of serious nature. But there is nothing to show that before or after the offence under consideration revisionists committed any other offence. Jail sentence after 16 years of sentence is not likely to serve any useful purpose, deterrent or reformatory. I conclude that the case requires interference only on the point of sentence. Hence after hearing the learned Counsel for the revisionists and the learned A. G. A. admitting the revisions on the point of sentence only I allow this revision at this very stage in part. Sentences of the revisionists are set aside. They are granted first offenders' benefit under Section 4 of the U. P. First Offenders' Probation Act. They shall be released on probation on each of them furnishing personal bond and two sureties to the satisfaction of C. J. M. , Gorakhpur for good behaviour and maintaining peace for one year. In default of any term of the bonds or in default of furnishing of bonds revisionists shall appear before C. J. M. Gorakhpur and receive sentence. .