LAWS(ALL)-1997-9-56

LOKENDRA SINGH Vs. STATE OF U P

Decided On September 06, 1997
LOKENDRA SINGH Appellant
V/S
STATE OF UTTAR PRADESH Respondents

JUDGEMENT

(1.) P. K. Jain, J. Heard Sri B. D. Maurya, learned Counsel for revisionist Piyush Kumar and Sri Vinod Kumar Sharma, learned Counsel for revisionist Lokendra Singh and the learned A. G. A. for the State.

(2.) BOTH the revisionist were convicted under Section 411, IPC and sentenced to undergo R-1 for one year and pay a fine of Rs. 1,000/- each and in default of payment of fine to further undergo S. I. for 3 months.

(3.) HAVING considered the arguments advanced by the learned Counsel for the revisionsits and having considered the age of the revisionists and also the fact that this is their first crime the revision is partly allowed. Conviction of the revision ists under Section 411, IPC is maintained. The order of sentence passed by the Courts below is, however, modified. The revi sionists are sentenced to undergo imprisonment for the period they have already been in jail and pay a fine of Rs. 2,000/-each and in default of payment of fine they will undergo the period of imprisonment awarded by the Courts below. The amount of fine already paid shall be adjusted to wards the amount of fine imposed in this revision. On payment of amount of fine the revisionits shall be set at liberty.