MAHENDRA SINGH Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard Sri Vikas Tiwari, Advocate holding brief of Sri S.C. Dwivedi, learned counsel for revisionists and learned AGA for State of U.P.

(2.) This criminal revision under Section 397/401 Cr.P.C., has been filed aggrieved by judgement and order dated 21.02.2000 passed by Sri G.Ram, learned Sessions Judge, Mahoba in Criminal Appeal No. 24 of 1999, arising out of judgement and order dated 02.07.1999 passed by learned Chief Judicial Magistrate, Mahoba in Criminal Case No. 764 of 1999. Appellate Court while allowing the appeal partly, modifying sentence of Court below by converting sentence into fine. Being aggrieved, accused appellants preferred present revision.

(3.) Counsel for revisionist at the very outset stated that he is not assailing judgment of the Courts below on merits, but is seeking mercy stating that this is an old matter and revisionists are now attained advanced age, therefore, sentence awarded to them be reduced to the period already undergone. 3. However, I find no substance in the submission. Whether this Court as a rule of thumb should reduce sentence where offence committed by accused persons is fully proved by evidence, is the only moot question need be considered in this revision.