RADHEY SHYAM AND ORS. Vs. STATE

JUDGEMENT

(1.) Initially this appeal was preferred by six appellants, namely, Radhey Shyam, Bedu Sao, Mohan Sao, Munna Sao, Pyarey Lal and Shanker Lal. During pendency of appeal Appellants No. 1, 4, 5 and 6, namely, Radhey Shyam, Munna Sao, Pryarey Lal and Shhanker Lal, have died and appeal qua them has abated vide this Court's order dated 22.02.2017. Sri Sanjay Kumar Pandey, Advocate is appearing on behalf of surviving appellants No. 2 and 3, namely, Bedu Sao and Mohan Sao.

(2.) This Criminal Appeal under Section 374 of Criminal Procedure Code (hereinafter referred to as " Cr.P.C .") has been filed against judgment and order dated 26.02.1988 passed by Sri Imtiyazuddin, Fifth Additional Sessions Judge, Varanasi in Session Trial No. 373 of 1986 convicting appellants No. 2 and 3 under Sections 147 , 323 / 149 , 324 / 149 IPC and sentencing them for six months, six months and two years rigorous imprisonment, respectively.

(3.) Sri Sanjay Kumar Pandey, learned counsel appearing for accused-appellants No. 2 and 3, at the outset, did not challenge the findings recorded by Trial Court on conviction but submitted that punishment be reduced to the period already undergone since it is a matter of 1988; more than 32 years have already passed and accused-appellants No. 2 and 3, at present, are aged about 68 and 77 years, respectively. It is also submitted that allegation against appellants is to cause injuries to four persons by Lathi. However, all the injuries are simple in nature. Further submission is that appellants have also entered into compromise with complainant and verification report has also been submitted by Chief Judicial Magistrate concerned. Appellants are also ready to pay reasonable compensation to injured and they have also undergone some period of sentence and no useful purpose would achieve in case they are sent to jail, at this stage.