LAWS(ALL)-2001-7-2

RAKESH KUMAR SAINI Vs. STATE OF UTTAR PRADESH

Decided On July 04, 2001
RAKESH KUMAR SAINI Appellant
V/S
STATE OF UTTAR PRADESH Respondents

JUDGEMENT

(1.) In the peculiar set of facts and circumstances of the case and with the consent of parties' counsel this revision is disposed of finally at the admission stage itself. The applicant was tried for an offence punishable under Section 506, I.P.C. and by the judgment and order dated 8-12-99 the learned Magistrate convicted and sentenced the applicant to one year R.I. and to pay a fine of Rs. 500.00 under Section 506, I.P.C. Against the said order applicant filed appeal which has been disposed of by the impugned order dated 22-6-2001 maintaining the conviction of applicant under Section 506, I.P.C. but reducing the sentence to six months R.I. but simultaneously enhancing fine to Rs. 1,500.00.

(2.) So far as conviction of applicant under Section 506, I.P.C. is concerned both the Courts below have recorded finding of guilt on evaluation of evidence brought on record. Learned counsel for the applicant could not bring to the notice of this Court any defect in the said finding of Courts below. The order of conviction of applicant under Section 506, I.P.C. thus calls for no interference.

(3.) So far as question of sentence is concerned it is submitted by applicant's counsel that the case in question proceeded as a warrant case under Chapter XIX-II and therefore, it was incumbent upon the trial Court to have made compliance of the provisions of sub-section (2) of Section 248, Cr.P.C. which inter alia contemplates that the Magistrate shall give an opportunity of hearing to the accused on the question of sentence. Since in the present case no such opportunity was afforded to the applicant in revision, he was deprived of this valuable right conferred upon him by law makers. After going through the judgment of the trial Court as well as Appellate Court, this Court finds force in the above submission of the learned counsel. After the enforcement of new Cr.P.C. of 1973 a new provision in the shape of Section 235(2), Cr.P.C. in relation to Session trials and Section 248(2), Cr.P.C. in relation to trial of warrant cases under Chapter XIX has been introduced. New Code of Criminal Procedure recognises the theory that punishment should be awarded with reformative angle. Similar view was expressed by the Apex Court in the case of Mohd. Giasuddin v. State, AIR 1977 SC 1926.