Rajendra and Others vs State

C.A. Rahim, J.—This revision has been preferred against the judgment and order of the Sessions Judge. Meerut. dated 30.1.1984 in Criminal Appeal No. 166 of 1983, dismissing the appeal and confirming the conviction and sentence passed by Sri P. K. Agarwal Munsif - Magistrate Ist Class, Meerut. on 28.7.1983 in case No. 1760 of 1980. By that judgment, the learned Magistrate convicted all the Appellants under Sections 147, 323/149, 324/149 and 325/149, I.P.C. and sentenced each of them to suffer R.I. for three months, two months and a fine of Rs. 200, six months and a fine of Rs. 300 and one year''s R.I. and a fine of Rs. 500 each respectively.

Sri Apul Mishra, holding the brief of Sri P. N. Mishra, has challenged the sentence only it has been submitted that there is delay in disposing of this revision for about 12 years. The incident occurred in 1980. The incident has been admitted by both the parties where both the parties received injuries. Since the complainant and two witnesses of this case received injuries, one of them was grievous it is submitted that the learned Magistrate without considering the case of the other side convicted the Appellants. Since he has not challenged the conviction on merits, it is not necessary to go in details. The fact remains that according to the submission of the learned Counsel, there was mutual Marpit In that context if it is considered that the offence of such a nature could not be disposed for long 16 years, the contention of the learned Counsel, stands that there should be some leniency in regard to imposition of sentence which may be substituted to fine. The sections provide alternative sentence of fine according to law. Having considered all these aspects, I find that imposition of fine of Rs. 2,000 each. in lieu of the substantive sentence and the fine imposed by the lower court, will meet the ends of Justice.

The revision is, therefore, dismissed. The conviction imposed by the trial court and upheld by the lower appellate court is hereby affirmed but the sentence of imprisonment under different heads is substituted to fine only. Each of the Appellant shall pay a fine of Rs. 2,000 (Rs. two thousand) in all within a period of two months, in default each of them to suffer R.I. for one year.

The fine. if realised Rs. 2.000 (Rs. two thousand) be paid to injured Prakash and Rs. 1,000 (Rs. one thousand) each to injured Sri Bhagwan and injured Smt. Savitri. Since they have not been made parties to this proceeding, the trial court shall issue notice to each of them for payment of the aforesaid amount.

With the above observations and modifications, the revision is disposed of.