SARWAN Vs. STATE OF U P

JUDGEMENT

(1.) PALOK Basu, J. Sarvan, son of Parasuram and Som Nath, son of Phool Chandra stand convicted under Sections 457 and 380, I. P. C. and sentenced to nine months' R. I. and Rs. 500/- each on each count by the Magistrate which sentence has been upheld by III Addl. Sessions Judge, Kanpur Dehat in appeal, hence these revisions by these two aplicants.

(2.) SARVAN's revision was admitted on the question of sentence only on 3-7-1990 while the revision filed by the applicant Som Nath was also admitted but on 12-7-1990. Both the revisions have been directed to the Connected and that is why this matter has come up for final disposal.

(3.) IN this connection as regards the question of sentence the attention of the court was drawn to the fact that both the applicants had undergone a few days sentence after they were convicted by the trial court and remained as undertrial prisoners when they were initially arrested for couple of days. It was further pointed out that about a week or ten days have undergone by each one of them after they were convicted by the courts below and then bailed out by this Court's order. IN effect, therefore, about a fortnight's sentence has been undergone by each of the applicants.