B.K.Sharma - (1.) HEARD Sri Viresh Mishra counsel for the applicant and the learned A.G.A. for the State.
(2.) SRI Vijay Singh and Prithvi Singh, accused revisionist were convicted by SRI Bankey Lal Mishra VIth Additional Munsif Magistrate, Moradabad vide his order dated 9.8.1982 in Criminal Case No. 377 of 1981 for the offence under Section 377, I.P.C. and sentenced to undergo rigorous imprisonment for a period of one year. The accused-revisionists preferred Criminal Appeal No. 247 of 1982 before the Sessions Judge, Moradabad which was dismissed by Sri G.S. Sharma the then 3rd Additional Sessions Judge, Moradabad by his order dated 9.11.1982. The conviction and sentence awarded by the trial court were confirmed in the appeal by him. There is no force in this revision so far as the merits of this case are concerned. On the point of sentence the learned counsel for the revisionist has prayed that the sentence of the revisionist be reduced to the period of imprisonment already undergone by them. The learned counsel has pointed out that the offence related to the year 1979 and that the revisionist No. 2 Prithvi Singh who was the principal accused in the case had already suffered imprisonment for about six and a half months and that the revisionist No. 1, Vijay Singh has already suffered imprisonment for about 2 months. He has pointed out that after the appellate judgment dated 9.11.82 the revision petition which are prepared on 12.11.82 mentioned in para-6 of the petition that the revisionist No. 2, Prithvi Singh had already undergone imprisonment for a period of more than 5 months and that the revisionist Vijay Singh had already undergone a period of about 15 days. He has stated that Vijay Singh was granted bail by the Sessions Court at the stage of trial while Prithvi Singh accused- revisionist was granted bail by Hon'ble High Court. He also pointed out that in this revision petition dated 12.11.82 the bail was granted by Hon'ble N. N. Sharma, J., on 14.12.82 which meant that the accused-revisionists were in any case in custody from 9.11.82 to 14.12.82. From the judgment of the trial court it comes out that both the revisionists have been in custody for some time during the trial because he directed that their period of imprisonment as under trial will be adjusted against their sentence of imprisonment. There is nothing on record to controvert the allegations about the period of imprisonment contained in para-6 of the revision petition. The learned counsel for the revisionist has pointed out that this revision petition is pending since December, 1982 and since then much time has passed and that the ends of justice will be met his prayer is accepted. The learned A.G.A. has claimed that the offence was very grave. Considering the time gap between the date of occurrence and today when this revision is being disposed of and the facts and circumstances of the case. The prayer of the learned counsel for the revisionists may be properly accepted in regard to the quantum of sentence. The revision petition is dismissed. The conviction of the accused-revisionists Vijay Singh and Prithvi Singh is maintained but their sentence of Imprisonment are reduced to the period of imprisonment already undergone before the trial and also as a convict, so far. The accused-revisionists are on bail at present under orders of this court. They need not surrender. Their bail bonds are cancelled and sureties discharged.
(3.) LET a copy of this judgment be sent to the Sessions Judge, Moradabad for information and necessary compliance. Revision dismissed and sentence modified.;