SURENDRA & TOHERS Vs. STATE OF U P

JUDGEMENT

(1.) HEARD Sri Rajeev Misra, learned counsel for the revisionists, Sri Sanjay Srivastava, Advocate holding brief of Sri R.B. Sahai, learned counsel for the opposite party no.2, learned A.G.A. for the State and perused the record.

(2.) THE present revision has been filed against the order dated 29.5.2004 passed by A.C.J.M. -III, Jaunpur and order dated 8.3.2006 passed by Additional Sessions Judge (Fast Track Court No.3), Jaunpur.

(3.) THE brief facts relating to the case are that on the complaint of Smt. Shanti Devi against Surendra, Virendra, Vimal and Ramesh, the opposite parties were summoned under Sections 323 and 504 I.P.C. for the incident dated 2.7.1997 and in trial of Case No.1093 of 2003, after recording evidence and hearing parties, the learned Magistrate acquitted all the four accused persons from the charges under Section 504 I.P.C. and convicted all of them under Section 323 I.P.C. and sentenced each of them with six months simple imprisonment and Rs.500/ - as fine and one month additional imprisonment in lieu of fine. Feeling aggrieved with the conviction order of A.C.J.M. the accused persons filed criminal appeal before the Sessions Judge, Jaunpur and the above Criminal Appeal No.54 of 2004 was decided by Additional Sessions Judge (Fast Track Court No.3), Jaunpur vide impugned judgment and order dated 8.3.2006 confirming the conviction but converted and modified the sentence by releasing the accused persons on probation by giving them benefit of Section 4 of Probation of Offenders Act, 1958 with a period of probation, fixed at one year. Apart from above the Appellate Court also directed each accused -appellant to deposit Rs.250/ - as fine which will be payable to the injured complainant as compensation. Feeling aggrieved with the order of conviction and modified sentence the convicts have preferred revision before this Court.