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1983 Supreme(All) 24

B.C.JAUHARI
Narendra Singh – Appellant
Versus
State Of U. P. – Respondent


Judgment

B.C.Jauhari, J.

1. This revision is directed against the judgment of Sri V. P. Mathur, Sessions Judge, Meerut, dated 2-6-1982 passed in Criminal Appeal No. 57 of 1982 by which he has confirmed the judgment dated 29-3-1982 passed by the Judicial Magistrate in Criminal Case No. 807 of 1980 convicting and sentencing the applicant to 2 years' Rl and a fine of Rs. 5000/-, in default to undergo further rigorous imprisonment for 6 months, under section 406 IPC.

2. Vide order dated 7-6-1982 this revision was admitted by this Court only on the question of sentence. An application was subsequently moved that the revision was in fact admitted on merits and the order may be corrected. This application has been rejected by me.

Learned counsel for the applicant has urged that notwithstanding the fact that this revision was admitted on the question of sentence only, he can be allowed to urge on merits that the conviction of the applicant is bad in law and for this reliance was placed on the case of Dulla v State, 1958 Cr. Law Journal 316 where it was held that where a, revision is admitted by the Application Judge only on the ground of sentence, the Judge hearing the revision is not bound










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