MISHRI LAL Vs. STATE OF U.P

JUDGEMENT

(1.) Mishri Lal and Ram Singh, the revisionists herein, were charged and tried under Sec. 323 and 324 Indian Penal Code. Mishri Lal was convicted and sentenced to undergo R.I. for three months and to pay a fine of Rs.200.00 and in default of payment of fine to further under R.I. for one month under Sec. 323 Indian Penal Code. However, he was acquitted of the charge under Sec. 324 Indian Penal Code.

(2.) Ram Singh was convicted and sentenced to undergo R.I. for two years and to pay a fine of Rs.500.00 and in default of payment of fine to further undergo R.I. for three months under Sec. 324 Indian Penal Code. He was acquitted of the charge under Sec. 323/34 Indian Penal Code. This judgement of conviction and order of sentence of April 29, 1982 passed by the IInd Additional Munsif Magistrate, Pilibhit was challenged by the convicts in Criminal Appeal No. 52 of 1979. The appeal was dismissed on merits but the substantive sentence of three months R.I. awarded to Mishri Lal was reduced to one month R.I. and sentence of two years R.I. inflicted on Ram Singh was reduced to six months R.I., while the sentence of fine in case of both of them was upheld. It was further directed that in default of payment the appellant would undergo imprisonment as awarded by the trial court. It was further ordered that out of the fine so realised Rs. 300.00 would be paid to Ram Sanehi, the injured complainant, as compensation.

(3.) It is that judgement of July 8, 1982 of the learned Sessions Judge, Pilibhit, the legality whereof has been questioned in this revision petition.