AI Structured Summary
Not yet generated for this judgment
No AI summary yet
Generate an eight-section analysis of this judgment — facts, issues, reasoning, ratio and a plain-language gist.
Judgment
7 paragraphs · 292 wordsB.K. Rathi, J.—Heard Sri G.P. Dixit, learned counsel for the applicants and the learned A.G. A.
This revision has been filed under Sections 397/401, Cr. P.C. against the order dated 671995 passed by IInd Additional Sessions Judge, Aligarh, by which he maintained the conviction of the applicants for offence under Sections 323/34 and 324/34, I.P.C. and awarded them sentence of one month simple imprisonment and fine of Rs. 250/ each for offence under Section 323/34, I.P.C. and six months simple imprisonment and fine of Rs. 500/ each for offence under Section 324/34, I.P.C.
Learned counsel for the applicants have not challenged the conviction of the applicants before me. It is contended that the incident took place long before on 16111991. That the applicants are of the same family. It is, therefore, requested that the sentence of imprisonment may be converted into sentence of fine.
Considering the circumstances and the arguments, I accept the contention. Therefore, while maintaining the conviction of the applicants for offence under Section 323/34 and 324/34, I.P.C., I modify the sentence and award the applicants the sentence of payment of fine of Rs. 500/each for offence under Section 323/34, I.P.C. and fine of Rs. 1,000/ each for offence under Section 324/34, I.P.C. and to undergo imprisonment for the period for which they had been in jail after conviction. The applicants shall be released immediately on deposit of fine unless required in any other case. However, in default of payment of fine, they shall undergo imprisonment as awarded by the learned Additional Sessions Judge.
The revision is disposed of finally.
Let a certified copy of the order be given to the learned counsel for the parties today on payment of the usual charges.
Revision disposed of.