ABRAR ALI Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) Though in this appeal at one time this court altered the conviction of the appellants from one under S. 308 Indian Penal Code to S. 325 IPC and had permitted compounding of the offence in order to promote peace and amity between the parties after the appellants had undergone about three months of rigorous imprisonment, which order was recalled later on the basis that wrong representations were made before this court, still we feel that the cause (sic course) adopted by this court earlier should be ventured upon again though in a different way. Thus having heard learned counsel for the parties and having perused the judgment under appeal, we maintain the conviction of the appellants under S. 308 Indian Penal Code but alter their sentence of imprisonment to the period already undergone adding it with a Fine of Rs. 12,500. 00 each, on the non-payment of which each of them shall undergo twenty months' rigorous imprisonment. The fine be paid within a period of six weeks from today. On the payment or recovery of fine, as the case may be, two sums of Rs. 10,000. 00 as and when paid and recovered from the respective appellants shall be paid over to the complainant as compensation and the balance shall go to the State coffers. The learned Sessions Judge, Lucknow in whose court the fine would be collected is required to give prompt intimation to the complainant of his right to come and receive the compensation as expeditiously as possible. With these orders, the appeal stands disposed of.