STATE OF U.P. Vs. SUBHASH

JUDGEMENT

(1.) The instant government appeal has been filed against the judgment and order dtd. 27/3/1985 passed by Special Judge, Ghazipur in S.T. No. 283 of 1982 (State vs. Subhash and 9 others) arising out of Case Crime No. 10 of 1982, under Ss. 147, 148, 149, 307, 323, 324 IPC, P.S. Nandganj, District- Ghazipur, by which accused-respondent No. 1- Subhash and accused-respondent No. 2- Shyam Awadh have been convicted for the offence under Sec. 324 IPC and awarded the sentence of 18 months' R.I. and a fine of Rs.200.00 with default stipulation, however, all other 8 accused-respondents have been acquitted of all the charges framed against them under Sec. 147 IPC and 307 read with Sec. 149 IPC.

(2.) It is germane to point out here that against the impugned judgment and order of conviction and sentence under Sec. 324 IPC, accused-respondents No. 1- Subhash and accused- respondent No.- 2 Shyam Awadh had preferred a regular criminal appeal under Sec. 374 Cr.P.C. No. 927 of 1985, Subhash Yadav @ Subhash and another vs. State of U.P. The said appeal was heard by this Hon'ble Court and was partly allowed vide order dtd. 24/9/2012 affirming the order of conviction u/s 324 IPC but modifying the sentence to the extent that the appellants will not be sent to jail to serve out the period of conviction but each appellants will have to pay a fine to the tune of Rs.6000.00 within four months from the date of order. Out of the deposited amount, half of the amount shall to be paid to the complainant and in case of default of payment of fine within stipulated period, the appellants will be taken into custody to serve out the sentence of three months.

(3.) Learned counsel for the accused-respondents Subhash and Shyam Awadh has made a statement at the bar that the said fine has already been deposited as per the direction made by this Court and the file has been consigned to record. It is further germane to point out here that against the aforesaid Judgment and Order dtd. 24/9/2012 passed by this Court, no further appeal has been preferred either by the State or by the private complainant and the said Judgement and Order has become final.