ZILEDAR SINGH Vs. STATE OF U P

JUDGEMENT

(1.) Heard Sri I.R. Singh for the Petitioner and learned standing counsel for the Respondents No. 1 and 2.

(2.) Since the pleadings are complete, as requested and agreed by learned Counsel for the parties, this matter is being decided finally under the Rules of the Court at this stage.

(3.) The facts, which are not in dispute, as borne out from the record, are that the Petitioner was appointed as Assistant Teacher in a Primary School on 2.12.1966, was promoted to the post of Head Master on 30.1.1990 and retired on 30.6.2008 on attaining the age of superannuation. He was prosecuted under Sections 323/34 and 325/34, I.P.C. in Criminal Case No. 1559 of 1979 and was convicted by the Judicial Magistrate, First Class, Jaunpur sentencing him with imprisonment for 4 months and 14 months whereagainst he filed Criminal Appeal No. 7 of 1982. The II Ird Addl. Sessions Judge, Jaunpur confirmed conviction vide judgment dated 25.7.1984 but reduced the sentence to 3 and 6 months. In the revision preferred before this Court, the conviction by the court below was upheld but on the question of sentence, the Court reduced it to the period already undergone and fine of Rs. 10,000 each vide judgment dated 24.7.1997.