DHAN RAJ Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard Sri B. B. Paul learned counsel for the applicant. The Revision was admitted on the question of sentence on 2.4.1990. Sri Vidhu Bhushan Singh, learned A.G.A. has argued that this is not a fit case in which any reduction is called for particularly because spear was used by the applicant which landed on the chest region of the victim who happened to be the Pradhan of the village and the entire incident appeared to be a planned one. It does not appear to be a fit case for reduction of the sentence in any manner whatsoever. As far as the conviction under Sec. 324 I.P.C. is concerned that part of the judgment of the Courts below was already upheld while admitting the revision on the question of sentence.

(2.) Sri B. B. Paul has drawn the attention of the Court reported in 1988 U.P. Criminal Rulings page 328. It is said that in the cited case the accused Vinod Kumar was convicted under Sec. 324 I.P.C. but the sentence of six days confinement in jail was held to be sufficient with imposition of fine. It may be remembered that the cited case was one in which only tooth biting caused and no other weapon was used. The case is clearly distinguishable.,

(3.) This revision consequently fails and, is dismissed. The applicant Dhanraj will surrender to his bail bonds and serve out the sentence awarded to him by the Court. Revision dismissed.