MUHAMMAD ASHRAF Versus STATE

The facts leading to the filing of this revision are that petitioners alongwith others were sent up by Police Station Kuthala Sheikhan, District Gujrat, for trial, for an offence under section 406/420, P.P.C. read with section 14 of Offences Against Property. Magistrate First Class, Mandi Bahauddin, District Gujrat, vide his judgment, dated 25-4-1992, convicted and sentenced the petitioners to 3 years' R.I. with a fine of Rs.5,000, or in default one year's R.I. each. Convicts appealed. Additional Sessions Judge, Gujrat, vide his judgment, dated 10-5-1993 dismissed the appeal.

In the present revision the only ground urged by learned counsel for the petitioners was that the sentence was too severe. Contended that he did not challenge the conviction and sentence but only pray for the reduction in sentence. It was contended by learned counsel for the petitioners that the petitioners were first offender. They have been involved in a criminal case falsely. Asserted that no recovery was effected from them; nor the prosecution had established that the petitioners had deprived the complainant of Rs.30,000. Asserted that the petitioners have already undergone about a year of imprisonment which in the circumstances of the case was sufficient. Contentions were opposed by learned counsel for the State.

2. I have heard the learned counsel at length and gone through the file. I have noticed that if the period the petitioners had spent in jail as under-trial prisoner is counted then they have already undergone almost a year. The trial Court had given the findings that there was no evidence to establish that the petitioners had deprived the complainant of the amount. They were convicted A solely on the ground that they had the knowledge that the complainant was carrying the amount in question. This being so, I feel the sentence of imprisonment already undergone by them, would adequately meet the ends of justice. The sentence of fine or in default thereof is however maintained. Revision is disposed of in the terms discussed above.

N.H.Q./M-1434/L Sentence reduced.