SWAMI NATH Vs. STATE OF U P

JUDGEMENT

(1.) THE present criminal revision is preferred by the revisionists Swami Nath and Ram Nath against the judgment and order dated 15 -7 -1986, passed by the learned IV Additional Sessions Judge, Deoria, whereby the appeal was partly allowed and co -accused Harish Chandra and Yashwant were acquitted for the charges under Sections 323/34, 324/34, 325/34 and 504 I.P.C., the revisionist Swami Nath has also been acquitted for the charges under Sections 323/34 I.P.C. and the order of awarding compensation of Rs. 1,000 to the injured first informant was also set aside but affirmed the conviction and sentence of revisionist Swami Nath under Section 325/34 I.P.C. for three months Simple Imprisonment, under Section 324 I.P.C. for six months Simple IMprisonment and under Section 504 I.P.C. for three months' Simple Imprisonment and confirmed the conviction and sentence of revisionist Ram Nath under Sections 323/34 I.P.C. for three months' Simple Imprisonment, under Section 324/34 I.P.C. for six months Simple Imprisonment, under Section 325 I.P.C., for one year's Simple Imprisonment with a fine of Rs. 500 and under Section 504 I.P.C. only three months' Simple Imprisonment and in default of the payment of above mentioned fine, he shall undergo further imprisonment of three months' Simple Imprisonment. It was ordered that all sentences shall run concurrently.

(2.) HEARD Sri P.K. Kashyap, learned Counsel for the revisionist and learned A.G.A.

(3.) TO consider the quantum of sentence, it is necessary to consider the nature land gravity of the offence and sentence awarded by the trial Court.