IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Criminal Revision No.02 of 2004 Rajendra Singh ………. Revisionist Versus State of Uttaranchal ..…. Respondents Dated: December 29, 2011 Smt. Pushpa Joshi, Sr. Adv. assisted by Sri Deep Joshi and Sri Amit Kapri, Advocates for the revisionist Sri P.S. Bohara, Brief Holder for the State Hon’ble Servesh Kumar Gupta, J. This revision has been directed against the order dated 29.4.2002 passed by FTC-II/Additional Sessions Judge, U.S. Nagar (Rudrapur) in Criminal Appeal No.09 of 2002, Rajendra Singh & others Vs. State, whereby the judgment and order of learned Judicial Magistrate, Khatima, dated 29.4.2002 was affirmed. The learned Magistrate tried the criminal case no.2096/1993 for the offence of Sections 379/411 IPC r/w Section 26 of the Forest Act, pertaining to crime no.230 of 1992. The trial ended in conviction of the revisionist Rajendra Singh along with co-accused, namely, Mahendra Singh, Jitendra Singh, Jagat Singh, Sajjan Singh and Bhajan Singh. Each of the accused was directed to undergo one year’s R.I. with fine of Rs.1,000/- u/s 411 IPC, and in default of payment of fine, one month’s simple imprisonment was awarded in addition. It is pertinent to mention here that this Court, while adjudicating the criminal revisions no.11/04, 7/04 and 17/04 on 22.7.2001, filed by other convicts, has already dismissed the above revisions on merits, but those revisions were partly allowed on the quantum of sentence, with the modification in sentence. 2 Revisionist Rajendra Singh has already been in caption ever since the date of his arrest on 12.6.1992 to 16.6.1992, i.e. for 4 days, then since 22.12.2003 to 28.1.2004, i.e. for 36 days and now he is in gaol again since 5.12.2011. Taking all the facts and circumstances into consideration as well as the nature of the offence, the ends of justice will be met if the sentence of one year’s imprisonment is converted to that of sentence of fine. Therefore, the fine of Rs.1,000/- is converted to Rs.3,000/- in lieu of rest of the sentence, which the revisionist has not undergone. If the revisionist deposits the amount of fine of Rs.3,000/-, then the court below will ensure his release from the jail. It is also directed that in case the revisionist fails to comply with the above order, he shall undergo the sentence as awarded by the trial court. The revision is, accordingly, partly allowed. (Servesh Kumar Gupta, J.) 29.12.2011 Rajeev Dang