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BAHADUR SINGH AND OTHERS versus STATE OF U.P.

High Court of Judicature at Allahabad

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Bahadur Singh And Others v. State Of U.P. - CRIMINAL REVISION No. 2490 of 1984 [2007] RD-AH 8749 (9 May 2007)

 

This is an UNCERTIFIED copy for information/reference. For authentic copy please refer to certified copy only. In case of any mistake, please bring it to the notice of Joint Registrar(Copying).

HIGH COURT OF JUDICATURE OF ALLAHABAD

Court No.11

Criminal Revision  No. 2490 of 1984

Bahadur Singh and others Vs. State of U.P.

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Hon'ble V.D.Chaturvedi, J.

This Criminal Revision  is filed against the judgment and order dated 11.11.84 passed in Criminal Appeal No.226 of 1984 whereby the appeal was dismissed and the conviction and sentence passed by the trial court was upheld. The trial court convicted the revisionists for offence u/s 452 I.P.C. and sentenced each of them to undergo the imprisonment of 6 months R.I.

Feeling aggrieved  by the orders passed by the two courts below the revisionist have filed this revision.

I have heard the learned counsel for the revisionists  and the learned A.G.A. and have also perused the record of the case.

The contention of the learned counsel for the revisionists is that the evidence produced in trial court was not sufficient to hold the revisionists guilty u/s 452 I.P.C. The point raised by the learned counsel for the revisionists  relates to a question of fact. This court in its revisional jurisdiction cannot appreciate the evidence and cannot interfere in the concurrent finding of fact regarding the guilt of the revisionist . The revision has therefore no merit.

The learned counsel for the revisionist argued that the incident took place in 1981 about 26 years back and the revisionist have reached the old age. He, therefore, requested to release the revisionist on the sentence already undergone.

Having considered that 26 years have elapsed since the date of incident, I deem it proper that the sentence be reduced to the sentence already undergone. I, therefore, partly allow the revision upholding the conviction of the revisionists  u/s 452 I.P.C. but reducing the sentence of imprisonment to the imprisonment already undergone by them.

The revision stands partly allowed.

Certify this order to the court below within two weeks.

Dt.9.5.2007

Rps/Sh


Copyright

Reproduced in accordance with s52(q) of the Copyright Act 1957 (India) from judis.nic.in, indiacode.nic.in and other Indian High Court Websites

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