BUDH SEN Vs. STATE OF U P

JUDGEMENT

(1.) J. C. Mishra, J. List revised. None appears for the revisionist and opposite party No. 2. Heard Learned Additional Government Advocate.

(2.) THE complaint case is that the ac cused disclosed to the complainant and his wife that the plot intended to be sold was free from all debts and encumbrances and on his assurance the complainant's wife got the sale-deed executed with respect to plot No. 581 and parted with a sum of Rs. 7000/ -. It was alleged that accused Budh Sen thereby committed an offence punish able under Section 420 I. P. C. THE learned Magistrate convicted the accused under Section 420 I. P. C. and sentenced him to rigorous imprisonment for one month (sic year) and to pay fine of Rs. 4000/ -. Felt aggrieved 'he accused preferred appeal which was dismissed by the IInd Addition al Sessions Judge, Aligarh on 20th July, 1984.

(3.) THE offence was committed about 20 years before. This revision is pending since 1984. Considering the circumstances of the case I am of the view that it will not be proper to send the accused to jail after such a long period. THE substantive sen tence of rigorous imprisonment, there fore, deserves to be set aside.