Nathu vs State of U.P.

J.C. Mishra, J.—This revision was filed by the accused Nathu, Munna, Saddiqui and Nasar Ahmad challenging the order dated 711983 passed by IVth Additional Sessions Judge, Bijnor dismissing the criminal appeal preferred against the order dated 3171982 passed by Munsif Magistrate, Bijnor convicting them for the offences punishable under Sections 323, 324 read with Section 34 I.P.C. and sentencing them to undergo rigorous imprisonment for 6 months and two years respectively and also to fine of Rs. 500/anuRs. 1000/respectively.

List revised. None appears for the revisionists. Heard learned A.G.A. and perused the record.

The accusedrevisionists Nathu and Nisar Ahmad are reported to be dead. The nonbailable warrants issued against these accused have been returned with the report that they have died. The accused Munna has not appeared despite the fact that warrant was served on him. The bailable warrant sent to Saddiqui could not be served on him.

A perusal of the judgment passed by the Magistrate would show that the ocular testimony which found to be reliable was corroborated by medical report and First Information Report. Both the trial Magistrate and appellate Court considered the evidence adduced by the prosecution and found it to be trustworthy. The statement of DW1 was not found to be reliable. The finding of conviction does not suffer from any error.

The revisionists were convicted on 31st July, 1982 with respect to the offence, which was committed by them in the year 1978. The revision preferred by them is pending since 17th January, 1983. Considering the fact that the incident had taken place long before, I find that it would not be proper to send the accused to jail.

The revision abates against accusedrevisionists Nathu and Nisar Ahmad.

The accused revisionists Munna and Saddiqui are sentenced to fine of Rs. 1000/ under Section 323/34 I.P.C. and Rs. 2000/ under Section 324/34 I.P.C. The fine shall be deposited by the revisionists within 3 months. In default the revisionists Munna and Saddiqui shall undergo rigorous imprisonment of 3 months under Section 323 I.P.C. and 6 months under Section 324/34 I.P.C.

Revision partly allowed.