MUKUT SINGH Vs. STATE OF U P

JUDGEMENT

(1.) K. N. Ojha, J. Heard the Sri K. M. Mishra, learned Counsel for the revisionist and Sri R. R. K. Mishra, learned AGA.

(2.) INSTANT revision has been preferred against the order of conviction and sentence dated 23-1-1985 passed by the learned Sessions Judge, Etawah, in Criminal Appeal No. 111 of 1984, Mukut Singh and three others v. State, by which the order of conviction passed by the Munsif Magistrate, Court No. 9, Etawah, was confirmed but sentence under Sections 323 read with Section 34 IPC and Section 506 IPC was modified and the revisionists Mukut Singh, Maharaj Singh, Prahlad Singh and Angad Singh, all residents of village Sultanpur, police station Airwa Katara, district Etawah, were given benefit of Section 4 of Probation of First Offenders Act and it was directed that they be released on furnishing a bond of Rs. 2000 each with two sureties to keep peace and be of good behaviour for a period of one year and to receive sentence whenever called upon. It was also directed that they shall also pay Rs. 400 i. e. Rs. 100 each as compensation to the complainant under Section 5 of the Act.

(3.) PROSECUTION examined Phool Singh and one eye-witness Gorey Lal Lal and Dr. C. L. Katiyar, who proved the injury report. After appreciating the evidence it was held by the Magistrate that commission of the offence was proved, therefore, order of conviction and sentence was passed against the revisionist. Aggrieved there from the revisionist preferred Criminal Appeal No. 111 of 1984. In the said appeal the order of the Magistrate was confirmed but the sentence was modified and benefits of Section 4 of the Probation of First Offenders Act was given.