VIJAY SINGH Vs. STATE OF U P

JUDGEMENT

(1.) The revisionists were convicted on 14-5-1993 by Asstt. Sessions Judge, Roorkee Hardwar in S. T. No. 311 of 1987. Vijai Singh revisionist. No. I was convicted for the offence under Section 307, IPC and was sentenced to undergo one year's R. I. Revisionist Gajendra Singh was convicted under Section 324, IPC and released on the sentence already under gone. Revisionist Yashwant Singh was convicted under Section 323, IPC and was sentenced to the sentence already undergone. Aggrieved by this judgment and order the revisionist filed criminal appeal No. 19 of 1993 which was decided on 20-3-1995 by the learned Sessions Judge, Hardwar. He dismissed the appeal on merits. The conviction of Vijai Singh was, however, converted under Section 324, IPC but he was sentenced to undergo one year's R. I. Aggrieved by it the accused have come to this Court in revision. 2, I have heard the learned counsel for the revisionist and have perused the record. 3. The revision of Gajendra Singh and Yashwant Singh was however not pressed. From the judgments passed by the two courts below it clearly appears that the prosecution was able to prove by cogent and convincing evidence the occurrence which took place on 19-11-1986 at 7 p. m. in front of the house of the complainant. Charan Singh, injured in the incident was found to have received five injuries. The other injured namely, Hari Singh was found to have received three injuries. The FIR was lodged on the same day. Both the injured had also been examined on the same day in the night. 4. On merits the revision has no force. It was however urged that the revisionist No 1 has undergone imprisonment, for about 6 months; that he is an old person and that the incident had taken place moie than 8 years ago and therefore he should be released on the sentence already undergone. 5. In view of the manner in which the incident took place and in view of the fact that two persons injured were caused significant injuries, it does not appear to be just and proper that revisionist No. 1 be released upon the sentence already undergone. However, in view of his age and the period when the incident is said to have taken place it appears that sentence of 9 months would meet the end of justice. 6. The revision is dismissed on merit at the admission stage. The sentence awarded to Vijay Singh son of Narain Singh is reduced to 9 months. Revision dismissed. .