PIAREY AND ANR Vs. STATE

JUDGEMENT

(1.) This is an appeal by two persons, Piarey aged about 35 and Mukta aged 60, against their convictions by the learned Additional Sessions Judge of Hardoi. Piarey has been convicted under Section 326 of the Indian Penal Code and sentenced to two years' rigorous imprisonment and a fine of Rs. 250/ - in default to a further period of three months R.I., while Mukta was convicted under Section 323 of the Indian Penal Code and sentenced to six months rigorous imprisonment and fine of Rs. 250/ -, in default to a further period of three months' rigorous imprisonment.

(2.) This appeal has been argued by Mr. Ghosh mainly on the question of sentence. His argument is that it having been found by the learned trial Judge that Piarey was responsible for inflicting the major injuries on Lokhai and that Mukta has been responsible only for causing very minor injuries on Lokhai and Champu, the sentence of six months' rigorous imprisonment and a fine of Rs. 250/ - in the case of Mukta was excessive. I have carefully considered this submission and I am of the opinion that it would meet the ends of justice if I were to reduce the sentence of Mukta from six months' to three months' rigorous imprisonment, leaving the fine intact.

(3.) In the result I dismiss the appeal of both the Appellants, uphold the conviction and sentence of Piarey uphold the conviction of Mukta under Section 323 of the Indian Penal Code but reduce the sentence of imprisonment from six months' to three months rigorous imprisonment. With this modification and this modification alone his appeal also fails. Mukta is on bail. He should surrender to his bail and serve out the rest of his sentence.