DAYA NAND Vs. STATE OF U P

JUDGEMENT

(1.) THIS Revision has been preferred against the judgment and order passed by the Vlth Additional Sessions Judge. Gorakhpur, in Criminal Appeal No. 179/83, dismissing the appeal and affirming the judgment and order dated 19.8.1983 passed by the Chief Judicial Magistrate, Gorakhpur, in Case No. 1325/82 under Section 324, I.P.C. By the said judgment the trial Magistrate sentenced the appellant to suffer R. I. for one year and a fine of Rs. 500.

(2.) SRI Satya Prakash SRIvastava, appearing for the applicant, has submitted that due to delay in disposing of this revision, the substantive sentence should be substituted by fine only. He has not challenged merits of the case and prayed for reduction of sentence on compassionate grounds. It appears that the revision is pending since 1984. The occurrence took place in February, 1978. So I find substance in the submission of the learned counsel. Accordingly I feel that the alternative sentence when permitted under the Act it be extended in the instant case.