KAMLA Vs. STATE OF U P

JUDGEMENT

(1.) LIST has been revised. None appears for the parties.

(2.) REVISIONIST, Kamla, was convicted by the trial court Ist (Judicial Magistrate, Hamirpur) under Section 25 of the Arms Act and was sentenced to undergo rigorous Imprisonment for a period of six months. Criminal Appeal No. 2 of 1984 preferred by him before the Sessions Judge was also dismissed vide the judgment and order dated 21.7.84 and the order of conviction and sentence was maintained. Present revision is against the judgment and order of the appellate court.

(3.) THE incident had occurred on 17.7.82. THE trial ended in December, 1983. After dismissal of the appeal on 21.7.84 the appellant was taken into custody and was directed to be released on bail by this Court on 23.8.84, i.e., more than a month after dismissal of, the appeal. It is now around 13 years since the appeal has been dismissed by the appellate court and the revisionist has already suffered imprisonment for more than one month. Now sending of the revisionist to jail will amount to disturbing his family life. Hence, in my view, the period for which the revisionist has been in jail would meet the ends of justice. THE order of sentence awarded by the courts below is modified and the revisionist is sentenced to undergo imprisonment for the period already undergone. With this modification in the order of sentence, the revision is dismissed.