Halloo and Ors. vs State of U.P.

Bhagwan Din, J.—This is a criminal revision filed by Lallo, Ramghulam. Shiv Charan and Prakash against the judgment and order dated 7782, passed by the Sessions Judge, Badaun, dismissing the appeal and confirming the conviction and sentence passed by the Trial Court (Assistant Sessions Judge) in his order dated 26880, whereby, the revisionist, Sheo Charan was convicted under Section 323, I.P.C. and sentenced to a fine of Rs. 500/. In default to undergo R.I. for a period of six months and also for convicting the revisionists Lalloo, Ramghulam and Prakash under Section 324/34, I.P.C and sentencing them to R.I. for a term of two years.

Sri Satish Trivedi, learned counsel appearing for the revisionists, does not dispute the factum of the incident and also that Narottam, Nanhey, Shyamvir Singh, Rakesh Pal, Gangaram, Ramvir, Shyamvir and Ragnoo sustained firearm injuries, simple in nature on 20478 at about 6.30 p.m. in village Simariya. He also does not dispute that the revisionists were the author of the injuries on the person of the above injured persons. He, however, submits that occurrence took place in the month of April 1978 and they have faced a lengthy trial before the trial Court for about two years. The appeal against their conviction and sentence heard after about two years and then the present revision has come up for hearing after about 17 years. Thus, the revisionist have already suffered mental agony and the financial loss. Hence, this Court may take lenient view and reduce the sentence of the revisionists Lalloo, Ramghulam and Prakash to a period already undergone and also to a suitable amount of fine.

Considering the facts and circumstances of the case and also that the revision was filed in the year 1982 and has come up for hearing after about 17 years, therefore, lenient view may be taken and the sentence may be reduced to a reasonable period together with fine.

The revision is, therefore, dismissed. The conviction and sentence under Section 323, I.PC of the appellant, Sheo Charan is upheld. The revision as far relates to the revisionists Lalloo, Ramghulam and Prakash is also dismissed and conviction under Section 324/34, I.PC. is upheld with the modification in the quantum of sentence to the extent that the R.I. for a period of two years as awarded by the trial Court is reduced to the period already undergone and further sentenced to a fine of Rs. 1,000 each. In default to undergo R. I. for a period of six months.

The fine shall be deposited within a period of two months from today. On failure lo deposit the fine, the revisionists shall be taken into custody to serve out the sentence of R.I. for a period of six months.