DEVENDRA SINGH Vs. STATE OF U P

JUDGEMENT

(1.) -These two connected criminal revisions have been preferred against the judgment passed in two connected Criminal Appeal Nos. 194 of 1982 and 204 of 1982 by Ist Additional Sessions Judge, Bareilly on 31.10.1984 which concern the same incident. By the impugned judgment the learned Sessions Judge has dismissed both the appeals from the judgment of the learned Judicial Magistrate (Northern Railway), Bareilly, dated 23.6.1982, whereby the accused have been convicted and sentenced under Section 3 of Railway Property (Unlawful Possession) Act, 1966 and each of them were sentenced to one year's R.I. Criminal Revision No. 2366 of 1984 has been preferred by three revisionists, Devendra Singh, Shyam Lal alias Shyama and Surendra Singh. Out of these revisionists Shyam Lal alias Shyama had died and a report dated 3.2.2003 to this effect has been received from the Chief Judicial Magistrate, Bareilly. Accordingly, the revision preferred by Shyam Lal alias Shyama abates. The other Criminal Revision No. 2562 of 1984 has been preferred by Hira Lal.

(2.) HEARD Sri P. N. Misra, learned senior counsel for the revisionists and learned A.G.A. As the record in this case has not been received Sri Misra states that he is not insisting that the record be obtained before the disposal of the revision and he further points out that he would be satisfied if these revisions are decided on the point of sentence and also it would not be treated as an enhancement of the punishment, if the sentence of imprisonment awarded to the accused persons is reduced to the period already undergone and some fine is awarded to the revisionists. Before considering this prayer of the learned senior counsel it is necessary to briefly examine the facts of this case.

(3.) IN this view of the matter, I think that there are special and adequate reasons to reduce the sentence awarded to the surviving revisionists to the period already undergone by them subject to their paying a fine of Rs. 500 each and in default of payment of fine the revisionists shall undergo further rigorous imprisonment for three months. The revisionists are granted three months time to pay the fine. They are on bail. Their bail bonds will be cancelled and sureties discharged after payment of fine as aforesaid.