Shyam Lal and Others vs State of U.P. and Another

T.P. Garg, J.—Heard Sri G.S. Chaturvedi, learned Counsel for the Petitioners and the learned A.G.A. for the State.

This revision is directed against the conviction of the Petitioners u/s 323/34, I.P.C. and Shyam Lal, Petitioner, also u/s 324, I.P.C. and sentenced to various terms of imprisonment.

Learned Counsel for the Petitioners, at the outset, has not challenged the conviction on merits. He has only prayed for reduction in the sentence of Shyam Lal, Petitioner, only because he alone has been sentenced to six months'' R.I. u/s 324, I.P.C. He has also prayed for reduction in the amount of fine.

In view of the said submission, the conviction of the Petitioners is maintained. Even otherwise, their conviction is based upon a sound appreciation of the entire evidence on record and is fully justified. The same is, thus, maintained even on merits.

As regards sentence, suffice will it be to say that Shyam Lal has already remained in Jail for a period of about 4 1/2 months. The ends of Justice, in my opinion, will be amply met if the period of his substantive sentence is reduced to that already undergone u/s 324, I.P.C. As regards sentence of fine Rs. 500 on each of the three Petitioners, viz., Shyam Lal, Gauri and Triloki, the amount is reduced to Rs. 250 each or in default to undergo R.I. for one month. There being no scope for any interference with the conviction and release on probation of Vinod, Petitioner, the same is maintained. Order accordingly. The three Petitioners, viz., Shyam Lal, Gauri and Triloki, are given two months'' time to deposit the amount of fine in the Court of Chief Judicial Magistrate, Aligarh, failing which the C. J. M. will issue warrants of their arrest and send them to jail to undergo the sentence awarded to them in default of payment of fine.

This revision-petition is dismissed with the aforesaid modification/ reduction in sentence.