Allahabad High Court
Lekh Ram Yadav & Ors. vs State Of U.P. on 8 September, 2017
Bench: Rekha Dikshit
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
?Court No. - 28
Case :- CRIMINAL APPEAL No. - 739 of 2011
Appellant :- Lekh Ram Yadav & Ors.
Respondent :- State Of U.P.
Counsel for Appellant :- Rakesh Kumar Tripathi
Counsel for Respondent :- Govt. Advocate
Hon'ble Mrs. Rekha Dikshit,J.
This criminal appeal has been filed against the judgment and order dated 31.3.2011 passed by Additional Sessions Judge, Court No.2, Sitapur in S.T. No. 279 of 2002 arising out of case crime no.234 of 1899 convicting the appellant-Lekhram Yadav under Section 324 IPC and sentencing him to undergo two years Rigorous imprisonment and convicting the appellants Lekharam Yadav and Lalji Yadav under Sections 323/34 IPC and sentencing them to undergo one year Rigorous imprisonment and under section 504 IPC and sentencing one year R.I. and under section 506 IPC sentencing them to undergo 2 years R.I. All the sentences shall run concurrently and also convincing the appellant- Smt.Dubba under section 323/34 IPC with a fine of Rs.1000/- and under section 504 IPC with a fine of Rs.2000/- and under section 506 IPC with a fine of Rs.2,000/- and in default of payment of fine 2 months each additional simple imprisonment.
Heard R.K.Tripathi, learned counsel for the appellants and Sri U.C.Yadav, learned A.G.A.for the State and perused the entire record.
As per officer report dated 8.9.2017 in compliance of the order dated 27.7.2017 passed by this Court the report of concerned CJ.M. has been received, which is on record, It appears from the report of the C.J.M. that in compliance of this court's order dated 27.7.2017 the accused-appellants namely Lekharam Yadav, Smt.Dubba and Lal Ji appeared before the court concerned and out of three appellants only two appellants namely Lekhram Yadav and Smt.Dubba have furnished bail bonds and sureties and they have been released on bail whereas appellant-Lal Ji did not furnish the bail bond and sureties therefore, he was taken into custody and sent to jail.
The aforesaid appellants namely Lekhraj Yadav and Smt.Dubba are present before the Court, who have been duly identified by their counsel Sri R.K.Tripathi and appellant-Lal Ji has been brought from the jail by the police. He is directed to appear before the concerned CJM and furnish the bail bonds and sureties as directed vide this court's order dated 27.7.2017. He is sent back to jail from where he has been brought.
During the course of arguments, the learned counsel for the appellant submitted that the appellants namely Lekhraj Yadav and Smt,Dubba have been in jail for a period of 18 days and the appellant Lal Ji for 12 days.The appellant namely Smt.Dubba was sentenced with fine only and she has already deposited the entire amount of fine before the court below prior to filling of appeal. He further submitted that he has to say nothing on merits of the case and he simply prays the custodial punishment awarded to the appellants be reduced to the period already undergone in jail and some fine may be imposed. He points out that the incident had taken place some 18 years ago.
After perusing the judgment impugned, I am of the view that the ends of justice will be met if the custodial punishment awarded to the appellants is reduced to the period already undergone by them in jail and a reasonable amount of fine is imposed upon appellants namely Lekhraj Yadav and Lal Ji.
In the circumstances mentioned above, modifying the period of custodial sentence, it is directed that the appellants are sentenced to undergo imprisonment already undergone by them in jail. Besides, appellants namely Lekhraj Yadav and Lal Ji. are sentenced to pay fine of Rs. 1,000/- under each sections i.e. Rs.4000/- in respect of appellant Lekhraj Yadav and Rs.3000/- in respect of appellant Lal Ji. The appeal is partly allowed with modification on the point of sentence only as mentioned above.
Conviction is maintained against all the appellants.
Let a copy of the judgment be sent to the learned Sessions Judge concerned for its onward transmission to the court concerned for information and further action in the matter.
Order Date :- 8.9.2017
IA
