RAM NARAIN SINGH Vs. STATE OF U P

JUDGEMENT

(1.) VIRENDRA Saran, J. I have heard Sri W. H. Khan, learned counsel for the ap plicant and learned State counsel.

(2.) THE present revision arises out of ,, the order dated 4-7-1984 of Shri G. D. Dubcy, -: Sessions Judge, Ballia passed in Criminal Ap peal No. 81 of 1984, dismissing the appeal and affirming the conviction of the applicant under Section 353 IPC and sentence of three months R. I. thereunder.

(3.) CONSIDERING the entire fact and circumstances of the case and the fact that the sentence of imprisonment of co-ac cused Anil Kumar Dubey has been reduced to the period of imprisonment already undergone by him. I am of the opinion that the sentence of the applicant may also be reduced to the period of im prisonment already undergone by him and in addition the applicant maybe fined. 6 Accordingly, this revision is partly allowed. The conviction of the applicant under Section 353ipc passed by the Courts below is maintained. But his sentence of three month's R. I. is reduced to the period of imprisonment already undergone by him. In addition, the applicant is sentenced to fine of Rs. 1500/ -. In default of payment of fine the applicant shall undergo one month's R. I. The applicant is granted three months' time to deposit the fine in the trial Court failing which law shall take its course. 7. With the above modification in sentence this revision is dismissed. 8. A copy of the above judgment shall be supplied to learned counsel for the ap plicant on payment of usual charges as early as possible. Revision dismissed. .