RAM DULAREY Vs. STATE OF U P

JUDGEMENT

(1.) S. R. Bhargava, J. In crime No. 2 of 1965, under Section 379 I. P. C. , Police, Station G. R. P. , District Basti, Ram Dularey and Nandhari were prosecuted. The case against them was 173/9 of 1965. Magistrate A. N. Sinha (J. O.) Basti convicted them with an offence to each of them. under Section 379 I. P. C. and awarded rigorous imprisonment for one year to They preferred joint appeal. Sessions Judge, Basti dismissed their appeal on 1st August, 1966. Then separate Revision were preferred by each of them in this court. Revision of Ram Dularey was numbered as 1354 of 1966, whereas revision of Nandhari was 2426 of 1966. Revision of Nandhari was rejected on 26th October, 1966, but the earlier revision of Ram Dularey remained pending. On 7. 2. 1968, it was allowed and conviction and sentence of Ram Dularey were set aside. Matter remained in abeyance for long. It was only on 23rd July, 1990 that Nandhari moved application that in view of decision in the Revision of Ram Dularey, he should also be acquitted and his sentence should be set aside.

(2.) LOWER Court record was called and perused. It appears that case against Ram Dularey and Nandhari was identical. Since the revisions were separately filed and separately disposed of at different times, conflicting judgments were passed. But now it is not possible for this court to review the judgment dismissing the revision of Nandhari. On the other hand, Nandhari has already served out his sentences. But the contention of the learned counsel for Nandhari is that on account of the stigma attached to him, on account of his conviction and sentence, he is unable to get back his service. That is a different matter. There has been a judicial anamoly and it cannot be corrected now. But I find no justification that on the same facts and circumstances, one person should be given one treatment and the other should be treated differently depriving him the benefit of getting back his job, on account of his conviction and sentence. If he applies for getters back his job he should not be treated.