RANG LAL Vs. STATE OF U P

JUDGEMENT

(1.) This revision has been filed against the judgment and order dated 4. 7. 08 passed by the Additional Chief Judicial Magistrate, Sonbhadra in criminal case no. 45/07 arising out of case crime no. 90/95. Vide order dated 4. 7. 08 the trial Magistrate found the revisionist Ranglal guilty for the offences punishable under Sections 379, 411, IPC and convicted and sentenced him to one year six months' R. I. under Section 379, IPC and one year six months' R. I. under Section 411, IPC. Both the sentences were ordered to run concurrently. Revisionist Pappu yadav alias Jeiut was found guilty for the offence punishable under Section 411, IPC and convicted and sentenced to undergo one year six months' R. I. When the appeal was preferred, that was decided on 2. 12. 08. This appeal was partly allowed. Revisionist Ranglal was acquitted for the offence punishable under Section 411, IPC and for the offence punishable under Section 379, IPC his imprisonment was modified to simple imprisonment for six months' instead of R. I. for one year and six months'. The conviction of revisionist Pappu yadav alias Jeiut was also maintained, however, his term of imprisonment was modified. He was awarded six months' simple imprisonment under Section 411, IPC instead of one year six months' R. I. as awarded by the trial court. Heard Mr. Devesh Vikram, learned counsel for the revisionists, learned AGA and perused the record. Mr. Vikram argued that the revisionists are not previous convicts, they have no criminal history behind them and the alleged theft and recovery is also of a minor dimension, therefore, the revisionists should be accorded the benefit of Section 4 of the United Provinces First Offenders' Probation Act, 1938. I do feel that in the above circumstances, the request, if accepted, would also serve the ends of justice. Accordingly, revision is partly allowed. Conviction recorded by the trial court and affirmed by the appellate court against the revisionists is maintained. The revisionists are accorded the benefit of Section 4 of the United Provinces First Offenders' Probation Act, 1938 and are directed to be released on each of them entering into a bond of Rs. 20,000/- and two sureties each in the like amount for a period of one year to keep the peace and be of good behaviour. If the benefit accorded to them is misused, the defaulter shall be called upon by the trial court to receive and serve out the sentence. .