Ram Manohar (In Jail) vs State

P.K. Jain, J.—Heard Shri P. Dixit holding brief of Shri G.P. Dixit, learned Counsel for the revisionist and learned A.G.A.

The revisionist, Ram Manohar was convicted by the trial court for offence u/s 354, I.P.C. and was sentenced to undergo rigorous imprisonment for a period of one year vide judgment and order dated 26.3.1983. Criminal Appeal No. 40 of 1983 preferred by him was also dismissed. Hence this revision.

The revision is pressed on the question of sentence. It is contended that there was protracted trial and the revisionist has suffered some period of imprisonment. No useful purpose will be served by sending him to jail after lapse of period of 16 or 17 years and his family life may be disturbed. It is also pointed out that there is no other conviction to the credit of the revisionist.

The occurrence took place in July, 1960. The trial was concluded in March, 1983 and thereafter, the appeal was decided in May, 1983. The revisionist was sent to jail and was released on bail four days after the dismissal of the appeal, prior to that also, he was in jail for some time. Learned A.G.A., however, points out that the revisionist was police constable and the offence was committed by him after taking liquor when he was on duty.

Considering the aforesaid fact, this Court does not find any sufficient ground for interference in the order of sentence passed by the courts below. The revision is dismissed. The revisionist shall surrender forthwith to serve out the sentence awarded to him.