K.D.Shahi - (1.) THE revisionist has been sentenced to six months' R.I. under Section 25, Arms Act by the appellate court on 25.7.1984. Earlier the revisionist Rajendra and one Azhar All were arrested respectively with country-made pistol and knife. Both of them were convicted by the Magistrate on 17.11.1983 and sentenced to six months' R.I. each, but on appeal the sentence of the present revisionist was maintained and the sentence of Azhar Ali was converted into a fine of Rs. 250 only. THE revisionist aggrieved by the order has filed this revision.
(2.) I have heard the learned counsel for the parties and gone through the record. No illegality or irregularity could be pointed out by the learned counsel for the revisionist in the judgments passed by the lower courts. On merits, there is no force in this revision. It was argued that in the trial court itself, the revisionist had taken a plea that he was a tailor and earlier to this, he was never prosecuted. A similar plea was also raised before the lower appellate court. It appears that the revisionist wanted to be released on probation, out the learned Magistrate preferred to convict the revisionist and the co-accused Azhar Ali. Learned counsel for the revisionist argued that looking to the fact that the sentence of co-accused Azhar Ali has been modified to the extent of fine, a lenient view may be taken in the case of the revisionist as well.
(3.) THE record shows that the revisionist remained In custody for more than one month and a week. THE offence is said to have been committed in 1981. THE revisionist faced his trial in the lower court as well as in the first appellate court. He has been sufficiently punished in the course of trial itself. It shall not be of any use to send the revisionist to jail after a lapse of about 16 years. In the circumstances as discussed above, the sentence already undergone shall be a just and proper punishment. The revision is dismissed on merits, but the sentence is reduced to the period of sentence already undergone. The revisionist is on bail. He need not surrender. His bail bonds are cancelled and the sureties are discharged.;