ZARIF Vs. STATE OF U P

JUDGEMENT

(1.) KRISHNA Kumar, J. This revision has been filed against the judgment and order dated 18th March, 1983 whereby the appeal against the conviction and sentence of the appellants passed on 15-6-1982 passed by the City Munsif Magistrate, Saharanpur was confirmed.

(2.) ACCORDING to the prosecution case the occurrence took place on 8-11-1981 at about 7. 30 p. m. in village Chilkana, Police station Chilkana, district Saharanpur when all the accused-revisionists went to the field of complainant and started beat ing Suresh who received as many as 14 injuries including injuries 2 and 3 wherein there was found fracture.

(3.) THE learned Counsel for the appel lants contended that the revision is pend ing for the last 17 years. He also contended that earlier HCR was registered which shows that there were no grievous injuries. It is also found out on perusal of the judg ment of the learned Magistrate that there was a fracture of ulna in the lower part and also there was fracture in the 1st and 2nd phylinx of left hand. Although there is fracture but not on the vital part of the body. Further the other injuries were also not on the vital part and considering the pendency of the revision for the last 17years, I agree with the contention of the learned Counsel for the revisionists that they may not be sentenced to undergo rigorous im prisonment and further they remained in jail for more than a week. Considering the above facts, I am of the opinion that the sentence is modified to the fine which shall meet the ends of justice.