HANOO @ HAR NARALN Vs. STATE OF U.P.

JUDGEMENT

(1.) THIS application under Section 482, Cr.P.C. has come up before this Court in the following circumstances.

(2.) THE applicant Hanoo alias Har Narain has been convicted by Sri S.S. Rana, IInd Addl. Chief Judicial Magistrate, Jhansi by order dated 10-8-1994 under Section 457, 380 and 411 I.P.C. in four different cases Nos. 824, 825, 826 and 827/94, pertaining to separate incident and has been sentenced to undergo rigorous imprisonment for a period of two years on each of the counts and to pay a fine of Rs, 2,000/-and in default of the payment of fine to undergo imprisonment for a further period of four months. There is no order that sentences passed in the aforesaid four cases are to run concurrently, meaning thereby the applicant has to undergo rigorous imprisonment for a period of two years in succession in each of four cases. Against the order of conviction and sentence passed in criminal case No. 827 of 1994, applicant Hanoo filed an appeal before the Session Judge, Jhansi. Appeal No. 7 of 1996 was decided by Sri R.P. Pandey, the then Sessions Judge, Jhansi by his order dated 30-1-1996. The order imposing fine was set aside and the sentence of imprisonment was reduced to the period already undergone.

(3.) IN spite of the fact that time was allowed to the State to file counter affidavit, it has not been filed. I have heard the learned counsel for the applicant as well as the learned A.G.A.