RAM CHARAN Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard Shri T.K. Tripathi, learned counsel for the revisionists, Shri Ravi Kant Kushwaha, learned AGA for the State and perused the record.

(2.) This revision has been field by Shri Ram Charan and Mahipal Singh against the judgement of conviction and sentence passed by Special Judicial Magistrate-Ist /Additional District Magistrate, Charkhari, District Mahoba, in the Case No. 3/4/1764 of the year 2007, Crime No. 267 of 2002, under section 198 KA(2) U.P., Z.A. and L.R. Act (State Vs. Ram Charan) in which, the learned trial court by the judgement dated 30.01.2008 has convicted the revisionists for the offence under section 198 KA(2) U.P. Z.A. and L.R. Act for one year simple imprisonment and Rs. 2000/- fine each and in default one month additional imprisonment. Against this order, the revisionists-accused preferred an appeal before the Sessions Judge and the same was numbered as Criminal Appeal No. 5/2008 and was disposed of by the judgement dated 30.01.2010 by the Additional Sessions Judge Court No. 2 Mahoba by which the judgement and sentence awarded by the learned trial court was upheld.

(3.) The learned counsel for the revisionist has submitted that he is not inclined to argue the case on merit and his simple request is that the revisionist accused persons may be released on probation, keeping in view that accused Ram Charan is enough aged and at the time of impugned judgement he was more than 80 years old, whereas, revisionist Mahipal Singh is his son and is also of tender age. He has further submitted that the conviction is for illegally occupied allotted land. The further submission is that he has already been dispossessed from the aforesaid land and he gives undertaking that he will not further made encroachment in the allotted land.