Bhagwan Singh and Another vs State of Uttaranchal

Servesh Kumar Gupta, J.—Heard Sri Lokendra Dobhal, Advocate for the applicant and Sri M.A. Khan, Brief Holder for the State/Respondent.

The revision has been directed against the judgment and order dated 4.6.2003 passed by the Sessions Judge, Uttarkashi, thereby dismissing the appeal and affirming the judgment and order of the learned Judicial Magistrate, Uttarakashi dated 22.3.1999.

Learned Counsel of the revisionist has not pressed the revision on any merit, except with the prayer that the incident of mutual altercation and scuffling is as old as 16 years. Complainant as well as the accused persons, all hail to the remote hills and poor one, so he requested that the sentence of imprisonment may be converted to that of fine. It has also been brought to the notice of this Court that all the accused persons have already undergone 10 days'' imprisonment almost and during the pendency of appeal before the court of Sessions, one of the convicts Ilam Singh has died and now only two convicts Bhagwan Singh and Ram Rakha remains to undergo the sentence awarded by the Magistrate.

Accused Ram Rakha was convicted only for the offence of Section 323 Indian Penal Code with six months'' R.I. and Rs. 500/- fine. So, the sentence of imprisonment of six months R.I. is dropped. Instead, accused Ram Rakha is directed to pay the fine of Rs. 2,000/- and in default, he shall undergo the sentence, as awarded by the trial court.

The sentence awarded to the accused/convict Bhagwan for six months'' R.I. with fine of Rs. 1,000/- u/s 323 Indian Penal Code is done away with by enhancing the fine from Rs. 1,000/- to Rs. 2,000/- under this count. He was further convicted for six months'' R.I. u/s 342 Indian Penal Code with fine of Rs. 1,000/-. Here too, the sentence of imprisonment is done away with. Instead, he will deposit fine of Rs. 2,000/- on this score. Revisionist Bhagwan Singh was further convicted u/s 325 Indian Penal Code for two years'' R.I. with fine of Rs. 2,000/-, which too is waived and instead, a fine of Rs. 4,000/- is imposed against him. It is made clear that in case of failure of deposit of fine in any of the above counts, as directed by this Court, then he will be taken into custody to serve out the remaining sentence, as awarded by the trial court. Revision is, accordingly, partly allowed. The revisionist shall deposit the fine, as above, within two months from today.

The revision is partly allowed in the above terMs.