MIR HASAN Vs. STATE OF U P

JUDGEMENT

(1.) Mir Hasan, Asgar Ali and Sujji have filed this revision against their conviction under Sections 452 and 323 I. P. C. and sentence of six months R. I. and three months R. I. and a fine of Rs. 200. 00 each respectively affirmed by Sri R. S. Pandey, Additional Sessions Judge, Fatehpur by his judgment and order dated 7. 12. 85 in Criminal Appeal No. 47 of 1985, arising out of Criminal Case No. 306 of 1984 under Sections 452 and 323 I. P. C. decided by Sri Shakti Kant, Magistrate 1st Class, Fatehpur by his judgment and order dated 9. 5. 85. Along with the revisionists Abdul Hasan, father of Mir Hasan was also prosecuted but he died during the pendency of the trial. This revision was admitted by this Court on 18. 12. 85 on the question of sentence only. The case of the prosecution is that on 8. 6. 83 at about 2. 30 p. m. injured Baqridi was lying in his varandah in his house situate in village Yauhan, Police Station Hathgaon, district Fatehpur when the revisionists along with Abdul Hasan reached the verandah of the complainant and assaulted him with lathies Ishaq Ali P. W. 1 Shaukat Ali P,w. 3 and Jamil also reached there on hearing the alarm raised by Baqridi whereupon the revisionists along with Abdul Hasan had made good their escape from the place of occurrence after causing injuries to Baqridi complainant. A report of the occurrence was lodged by Baqridi on the same day at about 5. 20 p. m. at police station Hathgaon whereupon a case under Sees. 452 and 323 I. P. C. was registered against the revisionists and Abdul Hasan Baqridi: was sent for medical exami nation to P. H. C. Hathgaon where Dr. C. M. Mittal P. W. 4 examined his injuries on 9. 6. 83 at 7. 00 a. m. Doctor Mittal found six lathi injuries on the person of Baqridi. Out of them one lacerated wound was found on the right temporal region of right head. The injury was skin deep. The second injury was also a lacerated wound which was skin deep on the right thumb. The remaining four injuries were contu sions which were found on non vital parts on the body of Baqridi. The investigation of the case was done by Sita Ram Shukla P. W. 5, who after investi gation, submitted charge-sheet against all the four accused. The accused pleaded not guilty of the charge and stated that they were falsely implicated on account of enmity. However, the accused did not examine any witness in support of their case. The prosecution examined in all five witnesses and out of them Ishaq P. W. 1, Baqridi P. W. 2 and Shaukat Ali P. W. 3 were examined as eye witnesses of the occurrence. Baqridi P. W. 2 is the complainant and injured. He has narrated the prosecution case in detail. He deposed that about 2. 3u p. m. on the day of occurrence while he was lying on a cot in his 'dalan' all the four above mentioned accused reached there armed with lathies and they belaboured him causing injuries on his person. Un the alarm raised by him Ishaq P. W. 1, Shaukat Ali P. W. 3 and Jamil were attracted to the scene of occurrence and on their intervention the accused had made good their escape after causing injuries on his person. The evidence of Baqridi is corroborated by the injury report prepared by Dr. G. M. Mittal P. W. 4 on medical examination Dr. C. M. Mittal had found six injuries on his person and according to him the injuries were caused by blunt weapon like lathi Ishaq P. W. 1 and Shaukat Ali P. W. 3 have fully corroborated the evidence of Baqrid. There is nothing on the record to disbelieve their evidence. They are independent and of witnesses of the locality. There is no reason to dis believe the prosecution evidence and I am fully satisfied that the prosecution has succeeded in bringing home the guilt to the accused. Under the circumstance, the order of conviction recorded by the courts below deserves to be affirmed. Learned counsel for the revisionists submitted that the complainant has received simple injuries and of minor nature and the revisionists are not previous convicts. I have examined the nature of the injuries found on the person of the injured and I also feel that the justice would be done if the sentence of six months' R. I. and three months' R. I. recorded under Sections 452 and 323 I. P. C. is set aside and instead the sentence of fine of Rs. 200. 00 each, and the period of sentence already under gone by the revisionists would be sufficient to meet the ends of justice. In the result, the revision is partly allowed. The conviction of the revisionists under Sections 452 and 323 I. P. C. is affirmed. However, the sentence of six months R. I. and three months R. I. recorded under Sections 452 and 323 I. P. C. respectively are set aside, instead, the revisionists are sentenced to pay a. fine of Rs. 200. 00 each and the period of sentence already under gone by the accused. Learned counsel for the revisionists Sri I. M. Khan states that the revisionists have already deposited Rs. 200. 00 each as fine in the court of Judicial Magistrate, Fatehpur as directed by this court on 18. 12. 85 at the time of admission of this revision. Under the circumstances out of fine of Rs. 600. 00 deposited by the accused Rs. 500. 00 shall be given to Baqridi P. W. 2 injured complainant as compensation under Section 357, Cr. P. C. and the remaining amount of Rs. 100. 00 shall go to the State exchequer. With the directions as indicated above, this revision is partly allowed and is disposed of finally. The revisionists are on bail. They need not surrender. Their bail bonds are discharged. Partly Allowed. .