RAM AND ORS Vs. STATE OF U P

JUDGEMENT

(1.) The list has been revised. None appears for the revisionists. Heard learned A.G.A

(2.) The revisionists, Sri Ram, Ram Singh and Subhash Chand, were convicted by the trial court under Section 379, I.P.C. and Section 39 of the Indian Electricity Act and they were sentenced to undergo imprisonment for a period of three months. Criminal Appeal No. 19 of 1984 preferred by the revisionists before the Sessions Judge, Kanpur Dehat, failed and the learned Addl. Sessions Judge who decided the appeal maintained the order of conviction and sentence awarded to the revisionists. Present revision is against the judgment and order dated 23.6.84 passed in Criminal Appeal No. 19 of 1984 by the then Addl. Sessions Judge, Kanpur Dehat.

(3.) Most of the grounds taken in the memo of revision relate to findings of fact arrived at by the courts below. Concurrent findings of fact of the courts below cannot be disturbed in revision unless shown to be perverse. There does not appear any perversity in the findings of the trial court affirmed by the appellate court in its judgment. There is, thus, no merit in this revision. However, the offence was committed in the year 1979 and the trial concluded in the year 1984, almost five years after the incident. The revision was preferred in the year 1984 and it is pending for about 13 years. While dismissing the appeal on 23.6.84, the appellate court had taken the revisionists in custody and they were granted bail by this Court on 9.7.84. Considering the nature of offence and the period for which the revisionists were facing trial, in my view, the sentence of imprisonment already undergone shall meet the ends of justice.