Jagdish Singh vs State of U.P.

J.C. Mishra, J.—List revised. None appears for the revisionist. The revisionist has challenged the order passed by Additional Sessions Judge on 31st January, 1983 dismissing the appeal preferred against the judgment and order passed by the Chief Judicial Magistrate, Nainital dated 16th March, 1982 convicting the revisionist for offence, punishable under Section 332/I.P.C. and sentencing him to undergo R.I. for one year.

The accused Jagdish, according to the prosecution, alongwith coaccused Puran Singh and Om Prakash had assaulted the complainant with knife and dandas while he was performing his duty as constable G.R.P. at the railway platform. The learned Magistrate relying on the evidence of the injured and two eyewitnesses held that the case was proved beyond shadow of doubt. The ocular evidence was supported by medical evidence. It was the revisionist who was assigned the role of assaulting constable with knife. The medical officer found an incised wound besides abrasion when he medically examined the constable. In view of this evidence he convicted and sentenced the revisionist and acquitted the coaccused giving benefit of doubt.

The learned Additional Sessions Judge considered the evidence adduced by the prosecution and by a reasoned order held that the case was proved beyond shadow of doubt. The finding does not suffer from any error and, therefore, the order of conviction calls for no interference.

The incident had, however, taken long before and in the interest of justice the substantive sentence of R. I. deserves to be converted into sentence of fine.

The revision is partly allowed. The revisionist Jagdish Singh in lieu of sentence of imprisonment is sentenced to fine of Rs. 4,000, which shall be paid within 3 months, failing which he shall undergo R.I. for six months. Revision partly allowed.