RAM SWAROOP SHARMA Vs. STATE OF UTTARANCHAL
LAWS(UTN)-2012-8-99
HIGH COURT OF UTTARAKHAND
Decided on August 23,2012

RAM SWAROOP SHARMA Appellant
VERSUS
STATE OF UTTARANCHAL Respondents

JUDGEMENT

- (1.) Revisionist Ram Swaroop Sharma was convicted by Special Judicial Magistrate, Dehradun in criminal case no. 252 of 1994 titled as 'CBI Vs. Ram Swaroop Sharma' on 21.12.2001. He was found guilty for the offences under Section 420, 468, 471 IPC read with Section 468, 467 IPC and sentenced to undergo 3-year simple imprisonment nay fine of Rs. 3000/- under Section 420 IPC; 3-year simple imprisonment nay fine of Rs. 3000/- under Section 468 IPC; and 3-year simple imprisonment nay fine of Rs. 3000/- under Section 471 read with Section 468, 467 IPC. Against the said judgment and order dated 21.12.2001, he preferred a criminal appeal no. 2 of 2002, which was adjudicated by Additional Sessions Judge /FTC III, Dehradun on 16.01.2004. The appeal was dismissed on merits sustaining the judgment of court below. Feeling disgruntled, Ram Swaroop Sharma is in revision before this Court.
(2.) Learned Sr. Advocate for the revisionist does not want to press this revision on merits but has simply prayed mercy of this Court on the following mitigating factors: "i. Revisionist is now almost 65-year of age and his services were terminated, much before due to holding him guilty for the offences, as stated above. ii. His sole son died during trial leaving him in utter desperation and he has two unmarried daughters, albeit, they are employed, so this way also he is disappointed in his life. iii. The entire money, which the Bank or Government put to loss, was to the tune of Rs. 2,61,272/- and the same has been deposited by him on different dates, as disclosed by the trial court in its judgment as well as in the bail order made by Hon'ble Allahabad High Court on 05.08.1994, copy whereof is annexure no. 1 to the supplementary affidavit."
(3.) Revisionist is an old citizen passing his days in Jaipur in that very house, which was constructed by him after getting loan from Bank of Baroda wherein he was employed.;


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