Rajan @ Rajjan vs State
2022 Latest Caselaw 3704 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 93
 

 
Case :- CRIMINAL REVISION No. - 224 of 1991
 

 
Revisionist :- Rajan @ Rajjan
 
Opposite Party :- State
 
Counsel for Revisionist :- Krishna Capoor,Kamlesh Kumar Dwivedi
 
Counsel for Opposite Party :- A.G.A.
 

 
Hon'ble Shamim Ahmed,J.

Heard Sri Kamlesh Kumar Dwivedi, learned counsel for the revisionist and Sri Vinod Kant, learned Additional Advocate General assisted by Sri Abhishek Shukla, learned AGA-I for the State.

The present criminal revision has been preferred against the judgment and order dated 30.1.1991 passed by IIIrd Additional Sessions Judge, Agra in Criminal Appeal No.66 of 1990 dismissing the appeal and convicting and sentencing the revisionist under Section 323 IPC for six months R.I. and under Section 324/34 IPC to 2 years.

With the consent of learned counsel for the parties, the present revision is being decided on the question of sentence only.

Learned counsel for the revisionist submits that maximum sentence provided to the revisionist is two years for offence under Section 324/34 IPC. The rest of the sentence of the revisionist be converted into fine and the same shall not be treated as enhancement of the sentence. Learned counsel for the revisionist further submits that the revisionist has undergone a substantial period of punishment and now the revisionist is in jail.

Learned A.G.A. opposed the prayer for quashing of the impugned order and has submitted that the lower appellate court has rightly passed the impugned judgment and order after considering the evidence before it, hence no interference is called for by this Court and the revision is liable to be dismissed.

I have perused the impugned judgment and orders as well as record and in my opinion the same do not suffer from any illegality, perversity or jurisdictional error which may call for any interference by this Court, hence the conviction and sentence of the revisionists is hereby upheld. But taking in account of the fact that revisionist has already undergone sufficient period in jail as under trial and after conviction by the lower appellate court, his rest of the sentence be converted into a fine.

Accordingly, revisionist is directed to pay and deposit fine of Rs. 30,000/- in the court of C.J.M. concerned out of which Rs. 25,000/- shall be paid to the informant and 5,000/- shall go to the State. If the revisionist deposits the aforesaid amount of fine, he shall be released forthwith, if not already released and further if not wanted in any other case.

In default of the fine as directed above, the revisionist shall serve out the sentence as awarded by the courts below.

In view of the above, the revision is partly allowed.

Office is directed to send a certified copy of this order to C.J.M., concerned for its compliance.

Order Date :- 23.5.2022

SP