Bachi Ram vs State of U.P.

R.K. Singh, J.—Heard Sri L. Dobhal, learned Counsel for the revisionist who has been convicted u/s 325, I.P.C. in Criminal Case No. 1111 of 1983 by the C.J.M., Tehri Garhwal and sentenced to undergo R.I. for six months u/s 325. I.P.C., and to pay a fine of Rs. 250 in default two months'' further R.I.

learned Counsel for the revisionist does not press the revision petition against the conviction of the revisionist u/s 325, I.P.C., so the conviction of the revisionist is confirmed.

The submission of the learned Counsel for the revisionist is that the revisionist has undergone imprisonment for about a week and the alleged incident is of the year 1983, i.e., about 14 years old. It has been stressed that the revisionist and the victim Smt. Mukundi Devi are neighbours and they will develop amicable relations if the revisionist is ordered to pay a requisite compensation to the victim Smt. Mukundi Devi in lieu of the substantive sentence of imprisonment.

Learned A.G.A. has no objection to the prayer of the learned Counsel for the revisionist.

The revision petition has become about 13 years old. The incident is of the year 1983. The revisionist has naturally grown older by now and a sentence of fine out of which a portion will go to the victim Smt. Mukundi Devi will meet the ends of justice.

Accordingly, the revision petition is party allowed against the order of sentence. The sentence of six months'' R.I. awarded to the revisionist u/s 325, I.P.C., is reduced to the period already undergone and is substituted by a sentence of fine. The revisionist is sentenced to pay a fine of Rs. 15,000 (Fifteen thousand) in default six months'' R.I. Out of the total amount of fine on realisation Rs. 10,000 will be paid to the victim lady Smt. Mukundi Devi.

The revisionist is directed to surrender in the Court of C.J.M., Tehri Garhwal and deposit the amount of fine within three months failing which he will be detained in custody to serve the term of sentence in lieu of fine. The bail bonds are cancelled and the interim order dated 5.9.1984 is discharged.

Let a certified copy of this order be issued to learned Counsel for the revisionist within two days who will take steps for compliance of the order.