SHIV SINGH Vs. STATS OF U P

JUDGEMENT

(1.) V. P. Mathur, J. The revisionist was convicted on a charge under Sec tions 39/40 of the Electricity Act read with Section 379 I. P. C. and sentenced to six months' rigorous imprisonment by Mr. G. K. Chaturvedi, Special Judicial Magistrate, Economic Offence, Budaun, vide, his order dated 8-3-1984. Criminal Appeal No. 88 of 1984 was preferred and it came up for hearing before Mr. K. G. Rastogi, the then Sessions Judge of Budaun, who upheld the conviction, but altered the sentence. The learned Judge granted to the applicant the benefit of the First Offender's Probation Act. But simultaneously he also directed him to further pay a fine of Rs. 500 providing rigorous imprisonment for the three mouths in default. Against this order, the present revision was filed, which has been admitted by this Court only on the question of sentence.

(2.) NO arguments have been advanced before me the merits of the case and since the facts of the matter stand established by two concurrent judgments of the two courts below, I do not propose to enter into the same. The revision is before me only to consider the question of sentence. Since the learned Counsel argues that lie has nothing to say against the appellate order granting benefit of the Probation Act and directing execution of the personal bonds, made by Mr. K. G. Rastogi, the then Sessions Judge of Moradabad on 27-11-1984, his entire argu ment is against the additional order through which the applicant has been directed to pay a fine of Rs. 5jo (Rs. Five hundred) in addition and he contends that this is illegal.