RAMA SHANKER PANDEY Vs. STATE OF U.P.

JUDGEMENT

(1.) Rama Shanker Pandey has filed this revision against his conviction under Sec. 332 I.P.C. and sentence of six months' R. 1. and a fine of Rs. 200.00 passed by the Munsif- Magistrate, L.C.C.. 11, Varanasi and up- held by III Addl. Sessions Judge, Varanasi in appeal on 23.6.1990. This revision was admitted on the question of sentence on 2.7.1990.

(2.) Sri A. P. Tewari, learned counsel for the applicant has vehemently argued that the prosecution case as relates to charge under Sec. 332 I.P.C. is not proved and at the most it will be a case under Sec. 323 I.P.C. and, therefore, the sentence awarded by the Courts below is too severe. In the alternative he has argued that the alleged incident had nothing to do with the act of the measurement by the Lekhpal as was the prosecution case and, therefore, the injuries caused to the victim Prabhakar Misra which were simple in nature entitle the applicant to argue on the question of sentence and a sympathetic attitude may be taken in that regard keeping in view the fact that the applicant is a teacher and has already been suffering agony of the trial since 1984. If more fine is imposed, the applicant will not take it as enhancement of sentence, states Mr. Tewari.

(3.) Sri Vidhu Bhushan Singh, learned A.G.A. has, however, argued that if more fine is imposed compensation should be asked to be paid to the victim.