MUFEES Vs. STATE OF U P

JUDGEMENT

(1.) K. S. Rakhra, J. This is a revision against the judgment and order dated 29-11-2005, passed by Additional Sessions Judge/fast Tract Court IV, Court Room No. 13, Sultanpur, dismissing Criminal Appeal No. 40 of 2005, Mufees and Ors. v. State of U. P. , against the judgment and order dated 20-5-2005, passed by Chief Judicial Magistrate, Court Room No. 16, Sultanpur, in Criminal Case No. 2177 of 1992, State v. Mufees and Ors. , convicting the revisionists under various sections.

(2.) THEY have been sentenced to three years rigorous imprisonment and a fine of Rs. 1,000/-under Section 452 I. P. C. , to the term of one year rigorous imprisonment for the offence under Section 323/34 I. P. C. , six months rigorous imprisonment under Section 427 I. P. C. and one year imprisonment under Section 342 I. P. C.

(3.) AFTER considering these submissions of the learned Counsel for the revisionists this Court is of the view that in the circumstances mentioned above, the two Courts below ought to have taken into consideration the facts mentioned by the learned Counsel for the revisionists and the revisionists should have been given benefit of Section 360 Cr. P. C.