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Judgment
5 paragraphs · 353 wordsU.S. Tripathi, J.—This revision has been preferred against the judgment and order dated 31.8.2000 passed by II Ird Additional Sessions Judge, Pilibhit in Criminal Appeal Nos. 36 of 1999 and 38 of 1999 filed by applicants dismissing the appeals and confirming the conviction of applicants under Sections 323, I.P.C. and 325/34, I.P.C. and sentence of 4 months R.I. u/s 323/34 and 6 months R.I. u/s 325/34, I.P.C. and fine of Rs. 200 each.
The applicants were tried for the offence punishable under Sections 323/325/34 and 504, 506, I.P.C. The trial court on considering the evidence of the prosecution acquitted the applicants under Sections 504 and 506, I.P.C. but convicted them under Sections 323/34 and 325/34, I.P.C. and sentenced them as mentioned above. In appeals, the appellate court dismissed the appeal and confirmed the above conviction and sentence.
The learned Counsel for the applicant has not pressed the revision on merit. He contended that the sentences are excessive and fine alone u/s 323/34 and period undergone and fine u/s 325/34, I.P.C. will be appropriate sentence.
Having considered the facts and circumstances of the case and the fact that occurrence took place on 23.3.1989, the trial ended on 18.9.1999 and appeal was decided on 31.8.2000 as well as the fact that occurrence took place on flimsy ground that the cattle of applicants were damaging the wheat crop of complainant and when he objected the applicant caused injuries on him, the ends of justice would meet if fine is imposed u/s 323/34, I.P.C. and sentence of 4 months R.I. is reduced to period undergone and fine of Rs. 200 each and that the period of 6 months R.I. u/s 325/34 is reduced to 2 months R.I. and fine of Rs. 300 each.
The revision is, accordingly, partly allowed. The convictions of applicants u/s 323/34, I.P.C. are confirmed and their sentence of 4 months R.I. u/s 323/34, I.P.C. is reduced to the period undergone and fine of Rs. 200 each and that the period of 6 months R.I. u/s 325/34, I.P.C. is reduced to 2 months R.I. and fine of Rs. 300 each.