- (1.) KUNDAN Singh, J. Heard learned counsel for the parties.
(2.) THIS is a revision petition against the judgment and order dated 30-9-83 of 1st Additional Sessions Judge, Ghazipur dismissing Criminal Appeal No. 41 of 1982 affirming the conviction under Section 60 (1) (a) of U. P. Excise Act, 1910 and sentencing the applicants to undergo R. I. for 9 months awarded by the judgment and order dated 19-2-82 passed by Chief Judicial Magistrate, Ghazipur in Case No. 2322 of 1981. It is stated that the Ganja is said to have been recovered from the house of the applicant Shiv Poojan Singh. Sudarshan is his son-in-law and he was present at the scene of occurrence when the Ganja was recovered. The public witnesses of the recovery have resiled their statements and they were turned hostile though they have been admitted their signature on the recovery memo at the trial. I have perused both the judgments of the courts below. The trial Court has believed the evidence of the prosecution witnesses, convicted and sentenced as stated above on the basis of the evidence on record. The lower appellate court considered the evidence on record and found the evidence reliable and affirmed the conviction and sentence awarded by the court below. On the facts and circumstances of the case I am not inclined to interfere with the findings recorded by the courts below. Learned counsel for the applicants submitted that the applicants have been sentenced to undergo R. I. for 9 months. The applicants produced a certified copy of the order dated 5-5-97 of the C. J. M. , Ghazipur. The applicants have undergone a sentence of about three months after dismissal of their appeal. It is not proper to send them behind the bars after a period of more than 20 years when the incident took place. The applicants are also ready to pay the nominal fine, if such fine is imposed upon by this Court and the sentence already undergone be reduced.
(3.) I have given anxious consideration to the arguments made by the learned counsel for the applicants. The applicants have already undergone a period of 3 months though each of them was sentenced to undergo R. I. for 9 months. The applicants have suffered lot of mental agony and frustration from the date of the incident. If fine of Rs. 500 is imposed upon each of the applicant and the sentence is reduced to already undergone, the same shall serve the ends of justice. Accordingly, the revision is allowed in part and the conviction of each of the applicants awarded by the trial court and affirmed by the lower appellate court is maintained. However, the sentence of imprisonment is reduced to the period already undergone and in addition, a fine of Rs. 500 is imposed on each of the applicants. In default of payment of fine each of the applicant will have to suffer R. I. of one month. Learned counsel for the applicants submitted that the applicants are in jail and they shall be set at liberty unless they are wanted in some other case.;