LATOORI PRASAD Vs. STATE OF U P

JUDGEMENT

(1.) This revision has been preferred by the revisionists Latoori Prasad, Harish Kumar, Rajeev Kumar and Girish Kumar against the judgment and order dated 31.8.1987 passed by learned 2nd Additional Sessions Judge, Aligarh in Criminal Appeal No. 55 of 1987, whereby the appeal was dismissed and confirmed the judgement and order dated 31.3.1987 passed by the learned 2nd Assistant Sessions Judge, Aligarh in S.T. No. 437 of 1985, whereby each of the revisionists were convicted under Section 308 read with Section 34 and Section 323 read with Section 34 I.P.C. The revisionists Latoori Prasad, Harish Kumar and Girish Kumar were convicted under Section 308/341 I.P.C. and sentenced for a period of 3 years R.I. with a fine of Rs. 1000/- each and they have been sentenced for a period of three months simple imprisonment under Section 323 read with Section 34 I.P.C. Both the sentences were ordered to run concurrently. In default of payment of fine each of the revisionists was sentenced to further undergo one month R.I. It was further ordered that Rs. 1000/- from the aforesaid realized amount shall be paid to the first informant (injured) as a compensation but the revisionist Rajeev Kumar was released on probation.

(2.) Heard Sri A.B.L. Gaur, Senior Advocate assisted by Sri Mai Prakash Pandey learned counsel for the revisionists and the learned A.G.A.

(3.) Learned counsel for the revisionists states that he do not want to press the revision on its merit. The present revision is being pressed on the quantum of sentence only.