ACHCHEY LAL Vs. STATE OF U P

JUDGEMENT

(1.) KUNDAN Singh, J. This revision has been directed against the judgment and order dated 14-6-1984 passed by the Addi tional Sessions Judge, Ballia, dismissing Criminal Appeal No. 44 of 1983 confirm ing the conviction and sentence of fine of Rs. 500/- (five hundred) imposed on each of the applicants under Section 326 of the Indian Penal Code and in default of pay ment of fine to undergo simple imprison ment for a period of one month awarded by the III Additional Munsif Magistrate, Bal lia, by his judgment and order dated 10-3-93 passed in Criminal Case No. 743 of 1981.

(2.) VERY briefly speaking, it is a case relating to an incident which had taken place on 19-12-1980 in which the ap plicants criminally assaulted Harihar who sustained one lacerated wound, two con tusions, one abrasion and complaint of pain. It appears that this Court passed an order on 15-1-1997 for summoning the lower court record. Learned Counsel for the applicant pressed that the: record of the lower court is essential for the decision of the case; but he failed to show need for summoning the same.

(3.) ACCORDINGLY, the revision is dis missed and conviction and sentence of fine awarded by the trial Court and af firmed by appellate court are maintained. Stay order dated 10-7-1984 stands dis charged and the trial Court is directed to take steps for realising the fine awarded by the trial Court. Revision dismissed. .