MOHD RAJI Vs. STATE

JUDGEMENT

(1.) In criminal case No. 77 of 1982, the Special Judicial Magistrate (Co-operative), Metropolitan Magistrate (illegible) Kanpur under order dated 19-11-1985 while convicting the applicant under Section 408, I. P. C., sentenced him to 1 year's R. I. together with a fine of Rs. 500/- and he while convicting other co-accused-Muzaffer Ali under Section 408/109 I. P. 0. sentenced him to 6 months' R. I. together with a fine of Rs. 2000/-. Against this conviction, applicant preferred appeal No. 244/85 which was dismissed by the IV Addl. Sessions Judge, Kanpur on 23rd July, 1986. The present revision, which is outcome of the aforesaid conviction and sentence, was admitted by this Court on the question of sentence on 10-8-1986.

(2.) Sri P. N. Misra, Senior Advocate, appearing for the applicant, prayed for granting leave to address the Court on the merit of the matter, which prayer was opposed by the learned Addl. Public Prosecutor. His objection was that since the revision was admitted, after hearing learned counsel for the applicant only on the question of sentence, the applicant is left with no right to address the Court on the merit.

(3.) The revision application, of course, was admitted on the question of sentence and obviously it was done so as this Court was not satisfied on merit. The object of admitting the revision on question of sentence might have been for giving rehabilitating treatment, or the sentence being on the excessive side.