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Allahabad High Court · body

1985 DIGILAW 978 (ALL)

Zahoor v. State of U. P

1985-10-10

KAMLESHWAR NATH

body1985
JUDGMENT Kamleshwar Nath, J. - This revision under Section 397/401 of the Criminal Procedure Code is directed against the conviction of the applicant for an offence under Section 25 of the Arms Act and consequent sentence of 4 months, R.I. confirmed by the learned Sessions Judge, Barabanki. 2. The only point raised by the learned counsel for the revisionist is that the illicit weapon said to have been recovered from the possession of the applicant was a knife ; that since under the orders of appellate court dated September 6, 1985 the applicant has continuously been in jail, his sentence may be reduced to the period of imprisonment already undergone having regard to the fact that the weapon recovered from the possession of the revisionist was no worse than a knife. 3. On the short point, I have heard the learned counsel for the State and I do think that in respect of the commission of an offence of possessing a prohibited knife, a sentence of 4 months rigorous imprisonment is rather, excessive. Since the applicant has already been in Jail for about thirty-five days, I think that the ends of justice would be met if be is released now. 4. The revision is partly allowed and while the conviction of the applicant under Section 25 of the Arms Act is confirmed, the sentence awarded by the court below is reduced to the period of imprisonment already undergone by the applicant. He shall now be released forthwith unless wanted in connection with some other case. 5. A copy of short order be given to the counsel for the applicant on payment of necessary charges by tomorrow.