Baleshwar and Ors. vs State of U.P.

B. K. Rathi, J.—The revisionist Baleshwar was held guilty and was sentenced to one year R.I. for offence under Section 326, IPC. The remaining three revisionists Lalji @ Munnu, Ram Ganesh @ Nanhey and Indramani @ Nach Kau have been held guilty for offence under Section 323, IPC and were sentenced two month simple imprisonment and to pay fine of Rs. 1000/ each by an order, dated 2891999 passed by the Judicial Magistrate, Mirzapur. Against that order, the revisionists preferred Criminal Appeal No. 15/1999 which have been decided on 2662000 by the learned Sessions Judge, Mirzapur. The sentences of the applicants Lalji @ Munnu, Ram Ganesh @ Nanhey and Indramani @ Nach Kau have been converted into a fine of Rs. 500/each. However, the conviction and sentence of the revisionist Baleshwar under Section 326, IPC has been maintained. Aggrieved by it, the present revision has been preferred.

2.I have heard Sri Shashank Shekhar, learned Counsel for the revisionists and the learned AGA and have perused the judgments.

The learned Counsel for the revisionists has not challenged the conviction. He had confined his arguments only on the question of sentence.

After going through the judgments. I an of the opinion that there is no illegality in the conviction. Now coming on the question of the sentence, the revisionists Ram Ganesh @ Nanhey, Lalji @ Munnu and Indramani @ Nan Kau have been awarded sentence to pay a fine of Rs. 500/ each for the offence under Section 323, IPC. I do not find any ground to interfere in the same.

As regards the revisionist Baleshwar is concerned he has been awarded a sentence of one year rigorous imprisonment for offence under Section 326, IPC. It is contended that he is in jail since 266 2000. That the incident took place in the year 1991 and therefore, a lenient view be taken in awarding the sentence. It is also contended that the sentence be converted into the sentence of fine.

The perusal of the judgment show that a part of nose of the victim was cut by the revisionist Baleshwar. Therefore, considering the arguments of the learned Counsel for the revisionists the sentence of Baleshwar is modified and he is sentenced to undergo rigorous imprisonment for six months and to pay a fine of Rs. 1,000/ for offence punishable under Section 326, IPC. In default of payment of fine he shall further undergo rigorous imprisonment for three months.

The revision is, accordingly, disposed of.

Revision disposed of.