PRATAP SINGH AND ANR. Vs. STATE OF UTTARANCHAL

JUDGEMENT

(1.) THIS criminal revision is directed against the judgment and order dated 26.2.2003, passed by the Additional Sessions Judge (FTC), Almora in Criminal Appeal No. 13/99, whereby the appeal of the revisionists accused against the judgment and order of the Chief Judicial Magistrate, Almora dated 8.7.1999, has been dismissed. By the said judgment and order dated 8.7.1999, each of the revisionists have been convicted under Section 324, 504, 506 Indian Penal Code. For the offence of Section 324, each of the revisionists have been sentenced to six months' rigorous imprisonment, while they have been fined with Rs. 500/ - for the offences of Section 504 & 506 Indian Penal Code each. In default of payment of fine, they have been ordered to undergo one month's additional imprisonment.

(2.) THE revisionists Pratap Singh and Smt. Parvati Devi are husband and wife. It has been apprised to this Court that fine of rupees one thousand imposed by the trial court has been deposited by each of the revisionists.

(3.) LEARNED Counsel for the revisionists has not pressed this revision on merit, but has only requested that the sentence of imprisonment, imposed under Section 324 Indian Penal Code, may be converted into sentence of fine only. He submitted that the revisionists are husband and wife. They are very poor person and belong to remote hills of district Almora. The incident is almost two decades old and they have living peacefully thereafter.