TEJPAL Vs. STATE OF U.P.

JUDGEMENT

(1.) THIS revision has been pressed on the question of Sentence only. It transpires that there were four accused out of which two have been released on probation. The revisionists had been convicted and sentenced by trial court to one year R.I. u/s 325 read with sentence 34 I.P.C. and directed to pay a fine of Rs. 200/- each and in default of payment of fine they were to undergo simple imprisonment for two months. They were sentenced to a fine of Rs. 100/-u/s 323, read with section 34 I.P.C. In default of payment of fine they were to undergo one year R.I. The conviction and sentence awarded by the trial court had been confirmed by the appellate court. Aggrieved by this order the present revision has been filed.

(2.) THIS revision has been pressed on the question of sentence only. It transpires from the facts of this case that the occurrence had taken place on the question of uprooting of sugarcane in a field. There were four contusion and one abrastion on one of injured namely Jagram. A fracture of the left leg bone was found on x-ray. The learned Magistrate and the Sessions Judge had appreciated the case. The revisionists are in jail since 4th of May, 1991. Thus they have already undergone more than 2-1/2 months imprisonment. There fore the sentence should be reduced to period undergone.

(3.) A copy of this judgment be issued to the learned counsel for the revisionist within two days on payment of usual charges. Revision Partly Allowed.