Hammir Singh and Others vs State of U.P.

O. P. Jain, J.—Sri A.R.B. Kher is present for the revisionists and A.G.A. is present for the State.

This revision is directed against the appellate judgment of Special Judge (D.A.A.), Lalitpur by which the learned Sessions Judge while upholding the conviction of the appellants has set aside the sentence of imprisonment and has enhanced the fine.

Learned Counsel for both the sides are agreed that this revision may be disposed of at admission stage itself.

The learned Counsel for the revisionists has not challenged the correctness of the conviction and has confined his arguments to the point of sentence. It is pointed out that the 16 revisionists are members of an extended family and the total fine imposed on all of them comes to more than Rs. 25,000/. It is further pointed out that the learned Special Judge has ordered payment of compensation to the injured to the tune of Rs. 8,000/ in all. On this basis it is argued that the sentence of a fine may be reduced.

Before proceeding further it may be pointed out that the learned Special Judge (D.A.A.), Lalitpur has imposed a fine of Rs. 1000/ each on the revisionists under Section 325 read with Section 149, IPC and in default of payment of fine each of them has been ordered to undergo rigorous imprisonment for two years. This part of the order is clearly illegal. Under Section 65 of Indian Penal Code the term for which the Court directs the offender to be imprisoned in default of payment of fine snail not exceed onefourth of the term of imprisonment which is the maximum fixed for the offence, if the offence be punishable with imprisonment as well as fine. Offence under Section 325, IPC carries a maximum imprisonment of seven years R.I. with or without of fine. Therefore, the sentence in default of payment of fine could not have been more than onefourth of seven years. The sentence of two years R.I. in default of payment is, therefore, illegal.

Under the facts and circumstances of the case, the revision is partly allowed and while upholding the conviction and sentence awarded to the revisionists under Section 147, IPC and under Section 323 read with Section 149, IPC, the fine of Rs, 1000/ each awarded under Section 325 read with Section 149, IPC is reduced to Rs. 500/ each. In default of payment of fine each revisionists will undergo simple imprisonment for six months. Fifteen days'' time is granted to the revisionists to deposit the fine.

With this modification, the revision is finally disposed of.

A copy of this judgment be forwarded to Sri Vishnu Dutt Dubey, Special Judge (D.A.A.), Lalitpur for his further guidance.

A copy of this order be supplied to the learned Counsel within three days on payment of usual charges.

Revision disposed of.